As a parent, you want your child to feel safe and secure in their rights. “Are the police authorized to question my child without me present?” is a common concern among parents. With restrictions, the answer is yes. The police can approach any youngster to ask them about their alleged involvement in a crime, just as it is true for adults, but the child is not under any obligation to respond.

The child has the right to refuse to answer any questions and, in addition to asking for a lawyer, can also ask for their parents to be present. The child can then be prevented from responding to any questioning from the authorities by the parent or attorney.

The police must cease interviewing a child if they request an attorney or a parent, even if they are not obligated to obtain parental permission before approaching a youngster. Make sure your children are aware of this privilege and that they should exercise it if they are ever suspected of committing a juvenile crime by talking to them about it. If you need a legal opinion, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

Can the Police Use My Child's Remarks?

What your child says to the police can be used against them if they agree to speak with them, are not in custody, and are free to leave at any time. This is due to the fact that the admissions are viewed as voluntary and not compelled. The answers, however, cannot be used against the child if they are not freely given, such as in a scenario where the police forbid the youngster from leaving until they respond to the questions.

Do My Child's Miranda Rights Apply?

Yes. Miranda rights, however, only take effect when a person is being detained, arrested, or otherwise taken into custody. Any queries are deemed to be protected by Miranda rights and the youngster must be given a Miranda warning if the police have taken any acts that would lead one to assume they are in custody and cannot leave freely. Nothing they say should be allowed if they are not given the warning. Everything they say to the police on their own volition after receiving the warning could be used against them.

What Should I Do If the Police Questioned My Child Unlawfully?

There may be repercussions beyond your child's remarks not being admissible if the child is held or arrested by the police and refuses to call you or an attorney after asking for one. You can complain to your local police force or administration. Your child's civil rights may have been violated if they were denied food, water, or rest or were subjected to various forms of physical abuse.

If the authorities believe your child to be a suspect in a crime, even if they are innocent, they should have a lawyer present while being questioned. To schedule a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055 right away.