Legal Question in Criminal Law in California

Questioning of a minor

Can a detective question a minor without parental consent?


Asked on 4/01/08, 8:47 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Questioning of a minor

Yes. In some situations (as when the child is a suspect) the police will have to *notify* the parent, but they don't need consent. There is no good reason why parents should be able to impede a police investigation by refusing such permission -- especially if the parents are the ones being investigated.

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Answered on 4/02/08, 12:51 pm
Terry A. Nelson Nelson & Lawless

Re: Questioning of a minor

Yes. The minor has the right to request his parents and/or counsel, at which point questioning has to stop, just as with any suspect.

More to the point, if this results in criminal charges against the minor or parents, contact a lawyer.

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Answered on 4/02/08, 1:27 pm


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