Oklahoma City, OK asked in Criminal Law and Juvenile Law for Oklahoma

Q: A parent is requested by Student.

When a student requests a parent be present before answering any questions does this effectively create a 5th Amendment protection from further questioning until the parent arrives? Schools usually respond it is their policy to question irrespective of the request, however, it would seem they are saying their policy is an effective waiver.

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1 Lawyer Answer
Brian Boeheim
Brian Boeheim
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: By you placing your child into school you are making the the temporary guardians. This is arguable, but the best thing to do is tell your child to not speak and just keep telling the principle or teacher that they want there parent present. If a police officer shoes up, then ask for an attorney, which kicks in the 6th Amendment.

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