Unfortunately the United States Supreme Court has approved such questioning of a minor in the absence of his or her parents. The police still have to give Miranda warnings if the minor is in custody and certain standards pertain to that consideration. In addition any statement the minor gives must be voluntary and not the product of coercion and/or promises. This is a complex area of the law and only an experienced criminal law specialists can provide an educated opinion on whether the statement is arguable inadmissible in a court proceeding.

Answer Applies to: California
Replied: 10/29/2011

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Minors may be questioned if there are exigent circumstances that require questions to be asked before a parent can be located and produced. It would be unusual for a police to conduct a planned interview without a parent present or at least observing.

Answer Applies to: California
Replied: 9/4/2011

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Children have the right to have a parent present during any questioning by law enforcement. However, children don't always know their rights, and are sometimes interviewed by school personnel, and even questioned by police officers, without a parent present. Such questioning may constitute a violation of the child's constitutional rights.

Answer Applies to: California
Replied: 9/2/2011

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The police can question a minor about criminal active without a parent there if certan rulls are followed.

Answer Applies to: California
Replied: 9/1/2011

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.

Yes. There's no requirement the parents be present. Of course, there may be issues with the admissibility of any statement in court dealing with whether or not the statement was voluntarily obtained, coerced, etc.

Answer Applies to: California
Replied: 9/1/2011

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.

Yes, this is unfortunate but true.

Answer Applies to: California
Replied: 9/1/2011

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.