Is it legal for my 16 yo daughter to be held and questioned without a parent or atty present? And not be able to see a judge for 4 days?

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Is it legal for my 16 yo daughter to be held and questioned without a parent or atty present? And not be able to see a judge for 4 days?

My daughter,16 yoa,Texas, was detained for allegedly possessing a con subst (2nd Degree Felony b/c on school prop). She was questioned by campus police (don’t know if Mirandized) then taken to juv detention. This was 5/14/09 approx 12 and I have been unable to see her and won’t until tom 5/16/09. I was only allowed to speak to her for 5 minutes on the phone this am, 5/15/09. They have asked her several questions, including psych evals. And they’ve made her take a urine analysis, which came back clean, without permission.Wanted me to sign releases for med, said no.Is any of this legal?

Asked on May 16, 2009 under Criminal Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to talk to a criminal attorney in your area who is familiar with the juvenile justice system.  One place you can find the lawyer you need would be our website, http://attorneypages.com

Whether what the police did was within the law or not, and what you might be able to do about it, will depend on the detailed facts of the case, and each case is different.  Of course, the "facts" can sound very different, between your daughter's version and what the police have to say.  You need a lawyer here, not just to understand how the law applies to the facts, but to ferret out the real facts, the truth, from what different people are saying.


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