Blackwood, NJ asked in Criminal Law, Family Law, Adoption and Municipal Law for New Jersey

Q: Can law enforcement question an 18 yr old if they're legally disabled and mentally half their age?

Especially since they are legally still under a kinship legal guardian because they didnt graduate yet because they have learning disabilities and their legal guardian took them to the police department under false pretenses and did not give consent to be interrogated alone which should mean the guardian has like a power of attorney type status for that child until she graduates?

1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Family Law Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: The issue is not whether the police can question the individual but whether the information provided to the police as a result of the interrogation is admissible or can be used in a criminal court proceeding.

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