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.
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.
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.