Q: Is it legal for a minor to be questioned without his gurdian or lawyer present in the state of North Carolina
A:
It depends upon the context. Is it a criminal investigation or testimony (or witness interview) in a criminal case?
If it's criminal, yes. A cop can question a minor as part of a criminal investigation.
If it's civil, it depends on many things and we'd need to know if it's testimony in court we're talking about, or some other kind of "questioning" in order to answer this.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- North Carolina
- (910) 333-9679
- View Profile
- Answered
A:
In most cases, yes, it is sickening isn't it. For example DSS can roll up into to school and legally question your children without your knowledge and without you being present and even use extremely nasty and dirty tactics or even out right lies to get the information they want. Which is why it is likely best that you teach your children to absolutely refuse to answer questions from anyone and by anyone I mean exactly that - anyone. Teachers, law enforcement, authority figures such as a principal, etc. without you being there with them to tell them what is OK to answer and what is not. And you need to explain to the child that these people may lie to them to trick them into answering questions. For example, they can say 'mommy and daddy said it was ok for you to talk to us.' or they will try to scare the child into answering by saying the child will go to jail if they don't answer or that mommy and daddy will go to jail if they don't answer.
This is the America you you live in now - you should probably consider doing something about it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
