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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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Teacher-student improper relationship. Student is my sons best

Customer Question

Teacher-student improper relationship. Student is my sons best friend. My son has been questioned numerous times by local police, DPS and tx rangers without me being informed. We are very close and I'm very upset about this. What can I do? I am his parent and advocate.
Submitted: 5 years ago.
Category: Legal
Expert:  Brandon M. replied 5 years ago.

Brandon M. :

Hello there.

JACUSTOMER-jelwegzh- : Hi. So you read my issue. Is this legal?
Brandon M. :

Believe it or not, it is entirely legal for law enforcement to interview a child without notifying the parents.

Brandon M. :

This question is actually pretty common. The child has the same rights as an adult--to refuse to cooperate, but naturally, the typical child is not sophisticated enough to do that.

JACUSTOMER-jelwegzh- : Even if he requested to have me called? Can he refuse to answer unless I'm present?
Brandon M. :

The child can certainly refuse to answer any question by any law enforcement official always. That refusal can be contingent, or it can be absolute, but it is the child's right. Requesting to speak to a parent does not have to be honored from a Constitutional standpoint. As a fellow parent, I understand how counter-intuitive this is, but it is legal.

Brandon M. :

I understand the position that you are in, but please understand that I am in a position where I must provide accurate information, even if it is unfavorable. I am glad to answer any other questions that you may have. Was there anything else I could do for you this evening?