Legal Question in Criminal Law in Virginia
miniors being questioned without parents or legal guardians being present
can a minior at the age of 17 be questioned without a parent or legal guardian being present in the state of virginia? and can a statement be held up in court if you are not read your miranda rights before giving the statement?
Asked on 4/05/09, 1:59 pm
1 Answer from Attorneys
James Bullard
James A. Bullard, Jr., P.C.
Re: miniors being questioned without parents or legal guardians being present
The short answer is that there are circumstances in which it is legal for a minor to be questioned without a parent present. However if the police failed to advise the minor of his Miranda rights then that statement can be excluded by a motion to suppress.
Answered on 4/05/09, 4:28 pm
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