Legal Question in Juvenile Dependency in California
If a minor is arrested for possesion of marijuana do the police have the right to question them without a parent being present?
Asked on 9/25/09, 3:00 am
1 Answer from Attorneys
Joe Dane
Law Office of Joe Dane
Yes. It's a common misconception that the parents must be present during questioning by the police.
Having said that, the same rules apply to minors and adults - if they are in custody and being subject to questioning, they must be advised of their Miranda rights and enter a valid waiver before the statement is admissible.
Answered on 9/25/09, 10:02 am