Legal Question in Criminal Law in Massachusetts
can the court talk to my 17 year old son without me being present?
Asked on 1/25/11, 1:14 pm
1 Answer from Attorneys
Dominic Pang
The Law Office of Dominic L. Pang
Yes; 17 years old is old enough for your son to be charged as an adult. There is no blanket prohibition on the police talking to minors without a parent present, but if a child under 17 were to be interrogated by the police, there are certain requirements that must be met before any statement obtained from said child could be admissible as evidence. Since your son is 17 and considered an adult for charging purposes, there is no requirement that you be present during any questioning of your son in order for his statement, assuming it is made voluntarily and with a valid waiver of his Miranda rights, to be admissible against him.
Answered on 1/27/11, 3:08 pm