Can a State Trooper question a juvenile without the presence of the juvenile's parent or legal guardian?
The rights involved here belong to the juvenile and are provided by both the United States and PA Constitutions. A juvenile must be informed of his rights to an attorney and remain silent referred to as Miranda rights. Also the Juvenile Act and Juvenile Procedural rules provide for parents to be immediately contacted if the child is detained. Further if charges are filed the juvenile shall be provided an attorney. However, nothing precludes a law enforcement officer questioning a juvenile if all the above requirements are met. If you required further legal assistance, please contact my law firm Abom & Kutulakis, L.L.P. at 717-249-0900.