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Is is against the law to question a 17 year old without the parent present..

Thomasville, GA |

My son was arrested and interrogated without me present and he is not even 18 years old, he is currently in lock up with not place to go after i bail him out, what do I do? I am limited income but want to do what is right for my son, please help!

We live in Thomasville Georgia, and we have been offered now support for him, he has always lived with us, and the judge deemed him not ready for society, if I bail him out I have to put him in the street or in a motel, have not had any support to help my son at all, the police and detectives and dfac shut us off or do not return any callls and I do not know what to do....

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Attorney answers 4

Posted

No, it is not against the law. At 17, your son is considered an adult in the eyes of the law.

Posted

Unfortunately, the courts in Georgia have said that a child as young as even fifteen can be questioned without a parent present by police. The US Supreme Court has been a little more strict about those requirements and it is never a bad idea to raise it as an issue in court, but I think the current status of the law in this state would say that what they did was OK.

Your son should get a lawyer as soon as possible. Like I said, just because the law in Georgia says one thing now does not mean it can't change and I would certainly encourage your son and/or his attorney to argue that that's exactly what should happen in his case.

Posted

You might want to take a look at J.D.B. v. North Carolina (2011) 131 S.Ct. 2394, a recent US Supreme Court case addressing the interrogation of minors and the application of Miranda, and see if you can find any support in that case.

Posted

If you cannot afford an attorney, you should try to speak to the public defender's office in your area to figure out how he may get representation.

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