What to do if the school and police questioned and arrested my emotionally disturbed child without a parent present?

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What to do if the school and police questioned and arrested my emotionally disturbed child without a parent present?

The police then took him to a judge again without a parent and put him in a juvenile detention center until his arraignment. Isn’t there protocol when questioning a minor?

Asked on December 8, 2012 under Criminal Law, Arkansas

Answers:

David West / West & Corvelli

Answered 8 years ago | Contributor

Yes and no.  Unfortunately our courts have not extended the same protection to minors in being interrogated that they have to adults and schools are given broad authority to question students.  Police similarly are not required to have parents present when their child is questioned though they are required tonotify them of the detention.  The real issue is whether they can use any statement that may have been made by the youngster against them and the answer may be no.  If the child is young, was coerced or has mental disabilities or handicaps - any or all of these issues will eventually come out when a judge is deciding whether to permit the State to use this statement against the child.  In many cases, the Court may refuse to permit the statement to be used.  If your child is still facing court, it is very important that you get an expert juvenile defense lawyer such as those at David West & Associates to help you with this case. 

Good Luck

David West

Managing Partner

David West & Associates

 

David West / David West & Associates

Answered 8 years ago | Contributor

Yes and no.  Unfortunately our courts have not extended the same protection to minors in being interrogated that they have to adults and schools are given broad authority to question students.  Police similarly are not required to have parents present when their child is questioned though they are required tonotify them of the detention.  The real issue is whether they can use any statement that may have been made by the youngster against them and the answer may be no.  If the child is young, was coerced or has mental disabilities or handicaps - any or all of these issues will eventually come out when a judge is deciding whether to permit the State to use this statement against the child.  In many cases, the Court may refuse to permit the statement to be used.  If your child is still facing court, it is very important that you get an expert juvenile defense lawyer such as those at David West & Associates to help you with this case. 

Good Luck

David West

Managing Partner

David West & Associates

 


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