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Can police in colorado question a minor child without

parents permission?...
can police in colorado question a minor child without parents permission?
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Answered in 3 minutes by:
11/2/2010
Richard
Richard, Attorney
Category: Criminal Law
Satisfied Customers: 55,807
Experience: Attorney with 29 years of experience.
Verified

Good morning. Regarding your question about the police questioning the minor without an adult present, while the police can do so, any actual statement obtained not taken by the police in the presence of some independent advocate (even if it was just a teacher) should not be admissable in court. The minor can be arrested and charged even without someone filing a formal complaint. The parents of the minor only need to be informed at the point when the minor is brought to the juvenile detention facility for booking.

I hope this has given you the guidance you were seeking. I wish you the best of luck!

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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Customer reply replied 7 years ago
the minor child was a witness to a domestic violence case and was questioned without my permission, i just found out about the situation, 2 months later. now they want him to testify in trial. i don't agree to this. the child is only 11 years old. what do i do?
Law Girl
Law Girl, Lawyer
Category: Criminal Law
Satisfied Customers: 4,606
Experience: I have practiced criminal law.
Verified
Thank you for providing that additional information. Unfortunately, a subpoena can be issued forcing your child to testify as it sounds like he may have been a witness to a crime. To prevent the issuance of a subpoena, you may consider speaking to the prosecuting attorney to explain why you do not want your son to testify to see if they can move forward without him. Otherwise if a subpoena issues forcing him to testify, there may not be a lot that can be done to prevent this given the child's age. The ramifications of testifying are thought to be less on an 11 year old than on a younger child who may not be able to distinguish between the truth and a lie or understand the proceedings.

To the extent that being a witness may cause the child to testify against one or both of his parents, that may be an avenue through which an attorney could provide an objection to your son's having to testify. However, this would be a matter for a judge to decide.
Law Girl
Law Girl, Lawyer
Category: Criminal Law
Satisfied Customers: 4,606
Experience: I have practiced criminal law.
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