Adults know that anything said around cops can be used against you in court. That leaves the question many parents ask: can police question a minor without their parents present?
Unfortunately, most kids get taught that they should always speak with law enforcement. However, they don’t understand that not everything said is helpful to your case.
While they likely won’t need to post bail, they could be arrested, and could end up being held at a juvenile detention facility. If you run into this issue, contact Szar Bail Bonds for 24-hour service agents throughout Pennsylvania.
Read more about whether or not the police can question a minor without their parents present.
When Can Police Question A Minor Without Their Parents Present?
Despite their age, your kids will still be treated like any other suspect. If you aren’t around, the cops can ask anything they want to about the situation that landed your kid involved with the police. And, contrary to what you may hear, they are not required to have a lawyer.
If your children are willing to answer questions, then law enforcement will continue to ask them. It also doesn’t help that minors don’t understand that they can often leave. Unless they’re charged with a crime, they don’t necessarily have to stay.
Being under the age of 18 doesn’t mean that they don’t have any constitutional rights. It simply means no one is around to tell them otherwise.
What About Older Children and Teenagers?
A young witness being questioned
By the time a minor is a teenager, police are more willing to question them. If an area is known for vandalism, the officer may already be short-tempered.
Whether they are 18 or younger, they may still receive questions from the police. Unfortunately, the older that they are, the less sympathy they seem to have from cops. It also doesn’t help if law enforcement is bent on making an arrest. Even if it gets thrown out, it still enters your child into the system.
The best thing to do is explain how and when they owe an explanation. Otherwise, children could soon see themselves in trouble they don’t need to experience.
Why Can Police Question a Minor Without Parents?
Law enforcement has the right to question any potential victim, witness, or criminal. Even as a child, they may have seen or heard something no one else has. As a result, they could be questioned by state and federal agents, and they aren’t required to notify parents or guardians beforehand.
Children must still receive their Miranda Rights, although few likely understand them. However, failure to read these rights can lead to a dismissed trial.
You should speak with your kids about when and how to talk with officers. That way, they have a basic understanding of what they should and shouldn’t do.
Who Else Can Stay with My Child?
One of the most vital teachings you can give is that children can have support. Whether you call the family lawyer or arrive yourself, minors can have an adult present. It also doesn’t need to be an immediate family member, either. Extended relatives, family friends, and even justices of the peace can stay. However, that doesn’t mean that the police will allow you to speak for them. And, if you interrupt the process too badly, they may force you out.
While your child doesn’t have to answer every question, they should complete the ones they can. Otherwise, it could lead to more frustrations and suspension along the way.
Do Minors Need to Post Bail?
Generally speaking, a minor will not have to post bail for release. Since they are under 18, children either leave with their parents or remain detained. However, if they are being tried as an adult, they may need to post bail. Then, they’ll likely need financial help to get out of jail.
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