The validity of police questioning can be questionable, especially so when the witness or suspect happens to be a minor. Hopefully, parents will never have to deal with such an issue but the need may arise where a guardian will have to know what their child's rights are in such a situation. The issue of questioning minors is complicated by the fact that many children are not aware of their own rights due to being far too young or simply ill-informed. So it is first important to understand what rights, if any, minors have.
Minors Have Rights too...Right?
Children do have rights but the issue is complicated by a variety of matters. When it comes to the police, the child may feel compelled to talk because it is the 'right thing to do'. However, many minors do not understand that in doing so they may inadvertently incriminate themselves or loved ones even though neither party did anything wrong. It has also been the case where police have coerced statements from young minors in an effort to expedite investigations, thus disregarding the truth at hand. Since the average minor child is unaware of the fact that they are allowed to say 'no' to the police, an officer may indicate that refusing cooperation can lead to a punishment of some kind. In these cases the child will feel threatened into waiving their rights. It is important that every child understand that they too have rights no matter how young they are. These rights under the Constitution are not only extended to adults but to children as well.
Don't I Have to be Present?
Many parents and guardians incorrectly believe that the police are prohibited from questioning their child without their being present. Now, the exact laws regarding this vary from state to state and location to location but as a general rule of thumb just go ahead and assume that the police do not have to wait for a parent before questioning the child. This can be terrifying for the child who is probably scared, confused, and feeling out of his or her comfort zone. Yet, the right to remain silent extends to children as well so make sure that they understand that they too can exercise this right and even request the presence of a lawyer. Again, the police may tell the child outright that they have no rights and that they must answer the questions, but this is simply untrue. Guardians should tell children to always request a lawyer and their parents before answering any questions.
The Right for a Lawyer
In any legal matter, it is vital to have a lawyer at hand. While it is important to cooperate with the police in matters of criminal investigations, especially if the minor child was a witness to or a party to the event, one should not blindly trust them. A lawyer will be able to navigate the turbulent process of interrogation, arrest, and whatever other matters arise far better than the parent or guardian. Attorneys are trained in such delicate issues and understand the complexities involved when it comes to minors.
