Tuesday, May 25, 2010

Is it legal to question a teen without a guardian present?

My teen was recently question and chagred with a crime that he admits he was a part of...my question is, is it legal to question a minor without a legal guardian or legal representative there? Is what the teen said binding if there is no one present on their behalf?
Answer:
It's legal to do that. However, if they didn't tell him he had a right to an attorney, then it's not admissible in court. Even with an attorney, for a minor they need guardian's consent. I don't think anything he said is admissible in court.
I do not think that it is "illegal" but the information gleaned from the questioning could be considered coerced from the minor and not allowed in court.
I believe it is only legal if he was a witness. Contact a lawyer.
i dont think so. there is a very big chance if he admitted doing something wrong without his guardian or lawyer's presense, it might not stand up in court. you should get a lawyer.
yes.
I always thought the answer is a parent or guardian had to be present. You need to consult a lawyer right away.
They cannot question a minor without a guardian present if he/she is a suspect. However, they can legally question a minor as a witness, but they can plead The 5th amendment and refuse to cooperate. His confession is admissible in court; if they decide to use his statement to incriminate others it will be valid.
Yes, it's legal to ask anyone for information. Actually, as far as being allowed to use it against him, I guess I can't say for certain... perhaps it varies by state. Not sure.
It's ilegal to question a minor without the presence and consent of thier legal guardian or representative....I encourage you to get a lawyer and explain to him the situation, and see where he can take it from there......he can probably get the case tossed.
depends was he caught at the scene if so then yes it is legal, and if not at the scene but still have probable cause then still yes, your teen on the other hand should know his amendments and should not have said anything except his name to the cop without a lawyer present. The only way it is illegal to question a teen is if there is no probable cause and or no witnesses linking him to the scene.

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