Tucson, AZ asked in Criminal Law and Civil Rights for Arizona

Q: Can A minor being charged with a crime be interviewed without a parent or attorney present..

Also can the News Media have rights to broadcast a minor identity as well as false information

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In the United States, a minor who is being charged with a crime generally has the right to have a parent or attorney present during questioning. This is to ensure that the minor's rights are protected and that they are not coerced into making statements that could incriminate them.

There are exceptions to this rule, however. For example, if the minor is being questioned as a witness rather than a suspect, they may not have the right to have a parent or attorney present. Additionally, if the minor waives their right to have a parent or attorney present, they may be questioned without them.

As for the news media, they are generally not allowed to broadcast a minor's identity in connection with a crime. This is to protect the minor's privacy and prevent them from being stigmatized or subjected to undue harassment. However, there are some exceptions to this rule, particularly in cases where the minor is being charged as an adult or the case has received significant public attention.

The news media is also not allowed to broadcast false information about a minor or any other person. Doing so could be considered defamation or libel, which are civil offenses that can result in significant legal consequences.

In summary, while a minor who is being charged with a crime generally has the right to have a parent or attorney present during questioning, there are exceptions to this rule. The news media is also generally not allowed to broadcast a minor's identity in connection with a crime, and is prohibited from broadcasting false information about anyone.

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