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Can a minor be questioned without parental consent?

Manahawkin, NJ |
Filed under: Juvenile law

It involves a car accident that my daughter was involved in. She is 16 years old. She was the passenger in a car being driven by someone else. I had called the police station on two occassions to bring her down for questioning and to give her statement. Both of these requests were ignored. She came home from school yesterday and told me she was called down to talk to the officer who was suppose to be taken off the case.(the first officer who responded to the accident was on vacation and the case was supposedly given to another officer). Now the accident did not happen on school ground or during school time. The officer who came in to talk to her is not even employed at the school. We do have dare officers employed by the school, but he is not one of them. Just wondering if this is legal?

Attorney Answers 2


Unfortunately it is legal for the police to talk to a minor without first getting parental consent. Police routinely tell people (witnesses and offenders) that they "need" to come down to the station to make a formal statement, or we "need" to talk. This is completely untrue. No person ever "has to" talk to the police. I would advise your daughter that whether she is the one being accused or the one who may have knowledge about an incident that she can politely decline to speak to the police. They may make blustery threats to charge her with obstuction of justice or something like that but it will never hold up in court.

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Yes the police are allowed to question a minor without a parent or guardian present
Check with a lawyer in your locale to discuss more of the details. Your daughter may need an attorney

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding.

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