Legal Question in Civil Rights Law in California

can an investigator question a 15year old without a parent pressent?

This investigator called me and misrepresented herself. She told me a lie about what she wanted to speak with my daughter about.

She questioned my daughter about an incident with a teacher, a teacher at a school my daughter once went to. This investigator wants to prosicute him for being intimate with my daughter.

Can this investigator use this technique to get a child alone? is it legal? is it legal to question a 15 year old girl with out a parent pressent?

Can they continue the investigation with out any support from my daughter, can they still use her testomony? can they make her go to court?

Im saying if there were more girls, willing to testify fine, but not just ''her word against his'' my daughter would be hurt for nothing. the investigator would not tell me if there were other girls.

thank you very much!


Asked on 10/17/01, 4:11 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: can an investigator question a 15year old without a parent pressent?

Thanks for your posting. Is it legal to question a 15 year old girl with out a parent present? Well, yes. It's legal unless the results of the testimony are excluded from the criminal case.

Can they continue the investigation with out any support from my daughter? Yes.

Can they still use her testimony? Under proposition 115, the police can use her testimony in helping establish a crime, even if she is unavailable.

Can they make her go to court? They can issue a subpoena for her to come to court. If she doesn't show up as ordered, a warrant can be issued for her arrest.

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Answered on 1/11/02, 5:52 pm


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