Can police come pick up a 17 year old minor at their home and not let their parent come along?

Question Details:

The police came to my house to question my son. They wanted to take him to the station. When Isaid I'm coming along they said I couldn't. Isn't there a law against that? If he is not placed under an arrest then a parent should be there right?

Asked 2/13/2012 under Criminal Defense | 248 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Criminal Defense Law Answers

Russ Pietryga / Pietryga Law Office Answered 3 months ago | Contributor This attorney is licensed in Utah

Seems like they asked him to come.  That said he had a choice.  That means he did not have to come.  If he said, "I am not coming unless my mom comes," that would be different. Or, you said I am not letting you take my son, for all intensive purposes they couldn't. 

That said, if they arrest him, then they can take him without your permission.  Sounds like they were investigating a crime and were not being honest with you. I suspect they wanted to interrogated him without you being present. 

Most states have an age in which a person can waive their Miranda Rights without their parents prensent.  Usually around 14 years of age.

Hope this helps.

Related Criminal Defense Questions

Didn't find your answer? Ask.

AttorneyPages.com

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...