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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110425
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have a minor child that has recieved a ticket for Disorderly

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I have a minor child that has recieved a ticket for Disorderly conduct and littering.
He did not litter in view of the ticketing officer and was coercied into admitting it was him by the officer at the scene of the incident. He essentially had no lwyer present during questioning and was questioned without a parent being notified.
Now this is a minimum firn of $1000 in the state of Utah and I will be hell bent to pay this fine. He was ordered to pick up the cup and place it in the vehicle he was in and so the litter was not left on site nor was it a large ampount of garbage. Is it possible to argue the point of not having counsel present to get the court to discuss dropping this charge?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The law does not require his parent to be present when he is being questioned, BUT the law DOES required that before the officer can question him the officer must advise him of his Miranda Rights. Any statement or confession made based on the questioning of the officer without informing the minor of their rights under Miranda would be subject to being inadmissible in court and your son's attorney would argue the statement must be suppressed or thrown out and as such without such statement from your child, there are no witnesses or evidence to show your child committed this act.

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