can police question a 10yr old child without parent/gaurdians or lawyer present if they are arrested?

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can police question a 10yr old child without parent/gaurdians or lawyer present if they are arrested?

Asked on April 23, 2009 under Criminal Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

 

The police do not always have to inform the parents or have one of them present for questioning.  However, most states require juveniles charged with delinquency or crimes to be represented by an attorney.

Also, if he was questioned make sure that he was informed of his rights first.  If not, if the boy was charged, and the prosecution tries to use anything he said, his lawyer should file a motion to prevent that -- and this also applies to any evidence the police were able to find because of what they learned from improper questioning.  These are the rights afforded to an accused under Miranda. 

 

 


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