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What are a minors rights when arrestedWhat are a minors rights when arrested?
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a frieds daughter was arrested this week for "supposebly hitting her fist on her palm and ininiuating a threat to another girl. There was no fight no other proof except for the girl that made that accusation. This ooccured on the same block the both girls live. My friends daughter went to school and when in school was arrested, handcuffed and taken to jail for a mug shot and possible charges of assult. is this legal ??? there was no proof, and parents werent there when child was arrested. Attorney answers (1)
Reputation Level 20
Answered about 3 years ago.
Criminal Defense Attorney in San Francisco, CA.
The police have the right to detain and/or arrest a minor without the minor's parents or guardian being present. This may seem harsh but what are the police supposed to do: sit on their hands while they try to call a parent while a crime is being committed. After arrest minor's procedures are very complicated. In CA they are outlined at http://caselaw.lp.findlaw.com/cacodes/wic/790-7....
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