When a child has been arrested, a parent’s first instinct is often to protect their child. Parents even may feel that they have every right to be present in the room for any interrogation or police questioning their child may experience. It may come as a surprise to those parents that although police are supposed to make a “reasonable attempt” to locate a child’s parent or legal guardian when they have a child in custody, the parent does not have to be there if the police question the child. Police do not even need a parent’s consent to question the child. There is no requirement for the child to have a juvenile crime lawyer present either.
If your child has been charged with a crime, contact Winfrey Law Firm, PLLC immediately to speak with a juvenile crime lawyer. The consequences of criminal charges can have a serious impact on your child’s future.
Can Police Just Detain a Minor?
Unlike adults, there are some things that law enforcement are legally allowed to do with minors that they are not allowed to do with adults. For example, an officer can detail a child even if they do not have a warrant or probable cause to do so. If they suspect the minor was involved in some kind of illegal act, they can legally do so.
Texas law requires law enforcement to contact a child’s parents or legal guardian if they have detained or arrested the child.
Educating Your Child
It’s not the type of talk that parents usually think of having with their child, but in today’s climate, it is important that all children understand how to interact with law enforcement and to also understand what their constitutional rights are. Arming your child with this type of knowledge will only be to his or her benefit.
A minor who is in police custody has the same rights as an adult in police custody. The police must read the child their Miranda rights, just as they are required to do with adults. They have the right to remain silent and the right to avoid incriminating themselves.
They also have the right to a juvenile crime lawyer. Let your child know that if they ever find themselves in this situation, they should immediately tell the police they do not want to talk to the police, but they do want an attorney. The child has a right to a court-appointed attorney if the family cannot afford one.
Contact Our Office Today
At Winfrey Law Firm, PLLC, our skilled juvenile crime lawyer will work diligently to defend your child and make sure their rights are fully protected. Call our office today so we can discuss what your child’s legal options are. Your child’s future depends on it.