Receiving a call that their child has been stopped, detained or questioned by police can leave a parent feeling scared and confused. Many parents assume that law enforcement can’t speak to a minor unless a parent or legal guardian is present.
While state and federal laws give juveniles important protections, police can sometimes question a minor without their parents.
What about Miranda rights?
Police need to advise a minor of their Miranda rights when two things are true:
- The minor is in custody, which means they’re not free to leave
- The police intend to question them about a crime
Miranda rights inform the minor that they have the right to remain silent and to have an attorney present during questioning.
If the minor is not in custody, the police may ask questions without reading these rights.
There is no blanket rule requiring a parent to be present every time an officer speaks with a juvenile. However, whether a parent was present is an important factor courts consider when deciding whether a juvenile’s statements can be used as evidence.
Courts recognize that children and teenagers may not fully understand their rights or the consequences of answering questions, and may look at several factors, including:
- The child’s age and maturity
- Their educational level
- The length and location of the questioning
- Whether the child asked for a parent or an attorney
- Whether officers used pressure, threats or deceptive tactics
New Jersey law provides additional protections for juveniles after charges have been filed. Legal counsel must generally be present before the juvenile signs any waiver of rights. Parents must also have the opportunity to speak with their child and the attorney before the child waives their rights.
If you receive a phone call that the police have questioned your child, it’s essential to contact a legal representative as soon as possible. They can determine whether your child’s rights were violated and work hard to protect their future.