Can the police question a minor without a parent or guardians consent?

Asked over 4 years ago - Tampa, FL

my 14 year old son was arrested and taken into custody for questioning about an armed robbery. the police did not have my husband or my consent to speak with my child without us present and they did anyways asking him to sign a consent form and taking his dna.

Attorney answers (4)

  1. Stephen Andrew Mosca

    Contributor Level 17

    2

    Lawyers agree

    3

    Answered . The police can and will question a minor without a parent being present - they are allowed to do so after an arrest supported by probable cause. When they do this, they can sometimes create circumstances that can allow a lawyer to legally question their procedure and the quality of the minor's consent. They should have performed this questioning on video, so that all parties can see how they went about it.

    Children are not allowed to many things because they thought to be too young to make valid judgments n their own yet the police and the State will insist that your child understand his constitutional rights and had the maturity to ask for them to be enforced - something that requires a lot of nerve in many situations.

    If your son is charged I suggest you hire an attorney familiar with the unique rules and procedures of juvenile defense and that he or she examines the video, circumstances and other facts of the case very carefully, and then mount appropriate challenges to suppress statements or evidence where possible.

    You should try to assemble as much mitigation as possible (letters from teachers, coaches, church officials, favorable school records, any awards won, etc.) as soon as possible and get them, through an attorney representing your son, to the State Attorney prosecuting the case. This may convince the State to make a better offer or to keep the case in juvenile curt rather than direct filing. If using the public defender, get those documents to that attorney as soon as they are appointed.

    I wish you he best of luck.

  2. Aaron J. Slavin

    Contributor Level 13

    Answered . If your son is charged with an Armed Robbery, you definitely want to consult with an experienced criminal defense attorney in the Tampa Bay area that handles Juvenile cases.

    My office handles Juvenile cases throughout the Tampa Bay area and I would be more than happy to provide a free consultation and/or answer any questions that you may have.

    Even though your son is only 14 years old, and Armed Robbery can have life-changing consequences for your son.

    For more information on Juvenile charges and/or Crimes of Violence like Armed Robbery, please visit my website linked below.

    Good luck and Happy Thanksgiving to you and yours.

    My best,

    Aaron J. Slavin, Esq.
    SLAVIN LAW FIRM, LLC
    727.474.3785

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . Yes the police are allowed to question a minor without a parent or guardian present after an arrest supported by probable cause.

    Check with a lawyer in your locale to discuss more of the details. Your son may need an attorney to face criminal charges.

    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. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

  4. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . I agree with the assessments and sage advice of Mr Mosca. Re-read his comments and if he is near you, call him for a consultation. Good luck.

    DISCLAIMER I do not practice law in your State. This answer is provided for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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