My son was around when a friends cell phone was stolen, however he did not see the kid that did it. He was questioned by police and 2 weeks later pulled out of class (8th grade) to look at a police photo lineup. We have never been contacted by the police dept or the school regarding any of this. Is this legal to do this without contacting the parents?
Criminal Defense Attorney
That is correct. There is no law that prevents the police from asking a potential witness to identify a suspect without a lawyer or parent present, even if that witness is a minor.
DUI / DWI Attorney
Yes. Police may question a witness. Age is not relevant. However, there is no requirement that your child must assist law enforcement.
Circumstances may change if your child is subpoenaed to testify in court. If you are concerned that if your child if forced to testify at that trial or hearing, that he may incriminate himself, your child can avail himself of the 5th Amendment. You should seek the assistance of an attorney if that situation were to occur.