Can Law Enforcement refuse to allow a parent to be present while questioning though minor request it?

Question

A minor around age 14, was approached by California law enforcement for questioning (as a suspect). He was read the miranda. The Teen requested that his mom be present. Officers refused. He was told if he didn't answer without a parent, he would be arrested and placed in juvenile hall through the weekend. We questioned one officer about what we witnessed. He told us that they didn't have to allow a parent to be present, only a lawyer if the child requested it. We insisted that it wasn't right and was asked to produce the code/law stating otherwise and they would change their tactics.
Note: This is not my child and I am only researching this for clarification as I've been told both yes and no. We are friends with the officer & boy, trying to solve this reoccuring misunderstanding in our area. Local lawyers say a parent should be present if the child request it. Officers say that they only have to tell the parent that child is being arrested and tell the child his rights under miranda.

Answer 1

the child should have been able to have a parent present as soon as he asked for one all questioning should have been stopped. They will threaten with keeping someone in lockup just because they think then they will get the information they were after and the case will be a lot easier if they have a confession. The only time a minor is not allowed a parent is if they are a suspect/witness against there parent.

Answer 2

That is not correct. A minor generally under the age of 16 is allowed to have a parent present, and should have a parent. The department where I worked if a juvenile was under suspicion of a crime then they would wait for a parent to arrive before any questions regarding the incident. We also could not issue a juvenile citation without the parents signature on the ticket. The reason for this is that the juveniles understanding of the Miranda right can be questioned, and often have the case thrown out. It falls on the officer to prove that the juvenile was capable of, and understood his / her rights.

Answer 3

Miranda says "counsel" doesn't it? To a 14 year old that means a parent. Once he was read Miranda he was under arrest, and the threat to arrest was false.



If that officer did that to question a child I'm not sure why - what was there to gain by refusing the child a right to tell their parent? To exert undue influence? INTIMIDATION? (the threat to put the child in jail for the weekend) (which is surely against the law, even in CA).

Answer 4

Long John is right, it does vary from State to State but most the age is 10 some are as low as 6 years of age. In order to get the parent involved after that age the parent would have to be a lawyer.

The moral of this story is that, your child is only as smart as you teach them. If you don’t punish your child when they screw up your child well be punished by the law.



Miranda Warning

You have the right to remain silent and refuse to answer questions. Do you understand?

Anything you do say may be used against you in a court of law. Do you understand?

You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?

If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?

If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?

Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Answer 5

In most states, parents have to be present while the miranda rights are read and must sign that the rights were read. It does not necessarily mean that parents must be there at the time of arrest, or during questioning.

Answer 6

No police officer can refuse a minor child the presence of a parent, if the child requests them. It is illegal, and the questioning would be null and void, along with anything the child said during questioning.

Answer 7

You need a lawyer, the minor should not have been questioned without a lawyer present. Any information gained by that questioning can not be used to prosecute the chilod or anyone else.

Answer 8

As a parent, I had to be present when my son (a minor) was questioned by MPs on a military base.

Answer 9

I would think they would have to be present. I'm not sure of what the police tell people now days, but that is why people don't respect police any more.

I am interested in the right answer when you get it.

Answer 10

depends upon your states laws.