Question

Can a child be interviewed alone by the police?

My son was interviewed by the police after being accused of stealing alcohol from a store. Can the police interview a minor without a parent, adult, or lawyer present?
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Answered By: Law Offices of John Carney
The police can question anyone and even keep the attorney and parents away, but there are some exceptions. Once a person has asked to speak to their lawyer, all questioning must stop, but the police often ignore this request. They can lie, make false promises, and say they will talk to the DA, but not threaten, coerce, or torture a suspect. Call me to discuss your problem if you wish.

Answer Applies to: New York
Replied: 9/14/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Nelson & Lawless
Yes, suspects can be interviewed. If your son had the sense to exercise his 5th Amendment rights to be quiet, or to ask for a parent or attorney they would have stopped questioning. If he is charged and arrested, his attorney may be able to use that minor age argument in his defense and try to suppress any confession or evidence obtained, if there are legal grounds for doing so. If serious about hiring counsel for him now, feel free to contact me.

Answer Applies to: California
Replied: 9/13/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Smith & John
Depending on the age of the child, that is not suppose to happen without a parent present.

Answer Applies to: Louisiana
Replied: 9/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Beaulier Law Office
A child can be interviewed by the police without parents being notified or present. Only if the child is taken into custody must parents be notified.

Answer Applies to: Minnesota
Replied: 9/10/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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