How soon after contact with a child are police required to notify the parent?¶
The police can question a minor without their parent(s) present when the minor is not in custody. attorneypages.com/law-questions/can-a-p... i.e. they do not have to allow the child to call the parent until they have been arrested.
After an arrest, “the police generally should contact the parents in a timely manner. However, it may take some time to process the arrested person and may delay giving them access to a phone.” www.avvo.com/legal-answers/can-police-a...
Does a minor have a right to have a parent present during police questioning?¶
During a roadside stop, “The police can question a minor without their parent(s) present as the minor is not in custody. For example, when an officer reasonably believes that a minor has violated the law. The minor can be detained so the police may conduct an investigation. During such an initial detention, the police are not required to let a minor call their parents. However, if the minor is in custody (i.e. arrest), then things change. In such a case, they have the right to call their parents and have their parents present during questioning. The fact is that anytime that the minor’s Miranda rights are implicated they have a right to speak with their parents and have them present.” attorneypages.com/law-questions/can-a-p...
“Nowhere in the constitution does it say that your parents must be present during interrogation. Thus there is no constitutional right to have a parent present during questioning.
However, if your child requested a parent to be present during interrogation, this could be important as it relevant as to whether any statements made to the police were freely and voluntarily given. If statements were not freely and voluntarily given, these statements may possibly be excluded.
In 1971, the California Supreme Court stated that a minor’s request to see a parent creates a presumption that the child desired to invoke his or her rights under the fifth amendment.
However, the United States Supreme Court in 1979 stated that the courts are required to look into the totality of circumstances surrounding the interrogation in determing whether someone has waived the Fifth Amendment privilege.” www.topjuveniledefender.com/juvenile_ri...
Can a minor waive the right to have a parent present during questioning?¶
“In general, the parent has a right to be notified when a child is being questioned. However, it is not up to the parent to decide whether or not they are present during questioning. It is up to the juvenile. The juvenile is required to be told that they can have a parent there and that they have a right to an attorney. If the juvenile then requests the parent and/or attorney, the questioning must be suspended until the parent or attorney is brought in.”
“A minor can waive his right to have counsel or a parent present during an in-custody investigation.” www.avvo.com/legal-answers/can-police-a... Thus as a parent it might be important to teach your child not to be pressured into waiving this right by police.
Does a parent have a right to be present during a child’s questioning?¶
“As a parent you have no constitutional right to be present at the questioning of your child. But you can advise your child that if he or she is ever arrested your child should:
• Be polite and not resist
• Give his or her name
• Ask for a parent
• Ask for a lawyer
• Don’t write an “apology” letter
• Invoke the right to remain silent
• Remain calm and not panic"
www.shouselaw.com/juvenile-interrogatio...
If the police let the child be interviewed with the parent present, are they allowed to secretly tape record?¶
“Police employ a common tactic where they at some point leave the parent and child alone in the interrogation room. They then watch thru hidden cameras and listen to recorded conversations that take place between a parent and the child. In 1989, the California Court of Appeals stated this is not a privileged communication and is not a violation of the Fourth Amendment right to privacy or the Sixth Amendment right to counsel. This evidence can be used against your child.” www.topjuveniledefender.com/juvenile_ri...
“Cops may have secret video and audio recording equipment in the interrogation room. Even if they let you have “time alone” with your child, such “time alone” could very well be monitored and anything communicated during it used against your child at trial." www.shouselaw.com/juvenile-interrogatio...
Teach your child not to say anything in police custody about any crime or anything that could get someone in trouble.
Does a parent have a right to be present during questioning of a child by a school administrator?¶
“a parent does not have a right to be present during the interrogation of your child by the principal or school administrator. However, there is nothing wrong as a parent to advise your child that if he or she is every accused of wrong doing, he or she does not have to make a statement to any school official or police officer.” www.topjuveniledefender.com/juvenile_ri...
Are there differences in the rights a minor has in police questioning compared to those of an adult?¶
Yes. “In a recent United States Supreme Court case, the nation’s highest court indicated that minors might enjoy similar protections when interrogated by cops at school. The opinion held that cops must take age into account in determining whether a suspect would feel free to leave… thus creating a “custodial” situation that requires Miranda warnings." www.shouselaw.com/juvenile-interrogatio...
h2.What rights does a minor have in court?
Juveniles “have constitutional rights at every stage of the court proceedings including but not limited to the following:
(1) to know the nature of the allegations against the juvenile;
(2) to be represented by counsel;
(3) to have a speedy trial;
(4) to confront witnesses against him;
(5) to cross-examine witnesses against him;
(6) to obtain witnesses or tangible evidence by compulsory process;
(7) to introduce evidence on his or her own behalf;
(8) to refrain from testifying against him or herself;
(9) to have the Deputy District Attorney prove the charge beyond a reasonable doubt that he or she committed the delinquent act.”
www.topjuveniledefender.com/juvenile_ri...
Being tried and treated as an adult¶
“All states have laws that permit juvenile offenders to be tried as adults. This may be done in exceptional cases that usually involve a serious crime such as murder or in situations where the juvenile is a repeat offender. Twenty-two states and the District of Columbia have no age restrictions for transferring a juvenile offender to adult court.” criminal.lawyers.com/juvenile-law/when-...
“In Georgia, though one is a minor until they turn 18, under the criminal statutes one is treated and charged as an adult at the age of 17.” www.avvo.com/legal-answers/17-yr-old-qu...
