Legal Question in Family Law in New York

Rights of minors - representation during police questioning

Does a minor have a right to representation or parental presence when being questioned at school by the police/detectives about a crime that may have occurred, but did not occur during school hours or at school? Can a student (minor) be coerced into signing a statement when he/she was not told that he/she had a right to have a parent or school administrator present? Student was called down to principal's office for questioning about an alleged crime that happened no where near or on school grounds, or during school hours, and student was ''encouraged'' to give statement, sign it, and parents were not notified until later that evening. Shouldn't police have come to the home in the evening?


Asked on 2/13/08, 2:04 pm

1 Answer from Attorneys

Robert Evans Robert S. Evans esq.

Re: Rights of minors - representation during police questioning

As a minor you have the right to have your parents present and be represented by an attorney when being questioned by any law enforcement authority.If you gave a coerced confession under the described circumstances, it may be suppressed with the representation of a competent criminal defense attorney.You may contact my office to set up a consultation if the situation as described did take place.

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Answered on 2/13/08, 5:00 pm


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