Can Police Question a Juvenile Without a Parent Present?

Unfortunately, minors can make mistakes that lead to run-ins with law enforcement. As with crimes concerning adults, the police may investigate juvenile offenses by questioning the individuals involved. Before an interrogation commences, law enforcement officials must attempt to contact the minor’s parents or guardians. However, they are not required to get permission, and although the person alleged to have committed the offense was under 18 years of age, the cops can question them without a parent or guardian present.

The Child’s Constitutional Rights

Even though a person may be a minor, they still have rights under the U.S. Constitution. The Fifth Amendment affords all citizens protection from providing self-incriminating evidence to police. That means if a person is arrested and taken in for questioning, they can invoke their right to remain silent, regardless of their age.

Police must read juveniles their Miranda Warnings before beginning an interrogation. Additionally, the child must fully understand their rights and what they are giving up if they choose to respond to law enforcement. If the officer continues to question a child who has not been Mirandized or does not understand their constitutional protections, any statements made might not be admissible in court.

Additionally, as with adults, juveniles have the right to have an attorney present if they are arrested and questioned. Regardless of whether the child is suspected of committing a low-level offense or a more serious one, it is best that they have a lawyer on their side who can guide them through the process.

Schedule a Free Consultation with Law Office of Armando J. Hernandez, P.A. Today

We understand that your child being charged with an offense can be a frightening experience, as the outcome and effect on their future are unknown. That is why we will provide competent legal counsel every step of the way. Our attorney will work closely with you, explaining the accusations, possible consequences, and you’re legal options. We will fight to ensure your child’s rights are protected and will work toward getting charges reduced or dropped.

Discover what 20 years of experience can do for you by calling us at (305) 400-0074 or contacting us online.