Can a statement a minor made to the police without their parentpresent be used in a court case?

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Can a statement a minor made to the police without their parentpresent be used in a court case?

I got caught on school grounds with a pipe and I told them it was mine before my father came. Can they use it?

Asked on January 5, 2012 under Criminal Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a minor makes a statement to law enforcement out of the presence of his or her parents, the statement can be used against the minor is a subsequent criminal proceeding. The issue is whether or not the minor child should have been advised of his or her rights against self incrimination under this country's 5th Amendment to its Consitution under the Miranda decision.

If you have been charged with the possession of an illegal substance, the proceedings against you will be in the juvenile court. I suggest that if criminal charges have been filed against you that you consult with a criminal defense attorney.

 


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