Q: My 12 year old was read his Miranda right and question with out permission and without parental supervision. Is it legal
My son got in a fight off school property the next day a police officer pulled him into the office right him his Miranda rights and started questioning him without parent knowledge parent supervision or parent permission and threaten him made him feel intimidated even though he was just defending himself walking home from school
A: A juvenile can be questioned by the police without a parent being present. Whether that statement can be used, however, can be used as evidence in a subsequent legal proceeding depends on the totality of the questioning. Has a petition alleging delinquent conduct been filed? Talking with an attorney may help, Good luck.
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