Can the Cops Talk to my Kid Without my Permission?
As a parent, your primary responsibly to insure the safety and well-being of your child. However, what happens if the police here in Minnesota decide they want to interrogate your kid? Do they need to call you first? Ask permission? Anything? If you are facing this kind of situation, it is important to understand that both you and your child have right. Further, it is important that you sit down with an experienced Minnesota juvenile defense attorney as soon as possible.
“Police can talk to your kids without ever asking you and may do so if given the opportunity.”
Do the Police Need Your Permission to Talk to Your Kids?
Unfortunately, this answer is a resounding No. The police have the right to approach a child and asked them questions about an investigation before reaching out to their parents for permission. Whether it's to gather information about a witnessed incident or their potential involvement in criminal activity, law enforcement officers have the authority to approach and talk to children. This is sometimes the case in a school context where the school will call the police and then they will interrogate the child without ever calling a parent. Further, all of those statements could very well be used against them if they are charged. This being said, there are absolutely rights that still apply. The problem is, you need to know what they are or they may not help you.
What Rights Does Your Child Have?
While the police have the right to approach and ask questions of your child without your permission, your child, just like adults, still has the right to remain silent and ask for a lawyer. Simply put, they can decline to answer any questions and the police cannot force them. At the same time, if they are forced, it's essential that an experienced juvenile attorney closely examine the potential issues of coercion or duress. This could be critical in the event that your child is ultimately charged. This is where the expertise of a seasoned defense attorney like Jack Rice becomes invaluable. Jack Rice Defense focuses on protecting the rights of minors to ensure that their rights are protected.
How Do Miranda Warnings Fit Into This?
If your child is facing interrogation by a police officer and are in police custody, it is required that they provide your child their Miranda warnings. Without a proper warning, any statements obtained may be excluded at trial. The problem, based upon our experience, is that the police will tell your child that the Miranda warnings are just a formality and something they see on TV so they aren’t that big of a deal. Further, they may mention that your child is free to leave regardless but will often follow up quickly with “we just want to hear your side of the story." This is done to trick your child into assuming this is not that big of a deal and that they can go home as soon as they tell the police what they want to hear. This is simply not the truth and it is critical to understand this. Again, for this reason, the proper answer is to remain silent and refuse to answer any questions.
“The police are trained to downplay your rights as routine and just get you talking. They are also trained to trick, downplay and even lie to you about what they know, don’t know, and their willingness to help.”
Make Sure You Know Your Rights
Some say that ignorance is bliss. The problem with that is the police will sometimes use that ignorance against you. If they are investigating a serious allegation, a sexual assault, a violent offense, a serious theft, a drug charge, their goal is to build a case, not to “hear your side of the story.” They want your words, your statement and they want to be able to use them against you. Knowing this is critical and having an experienced and seasoned Minnesota juvenile defense attorney in your corner is even more important. By bringing in Jack Rice Defense, you can have confidence that your child's rights will be protected, ensuring a fair legal process and the best possible outcome for their future.
Jack Rice is a Board Certified Criminal Law Specialist, a former prosecutor and a former CIA Officer. Jack is also the founder of Jack Rice Defense, a boutique criminal defense firm that represents those, including children facing serious criminal charges. If you are being investigated by the police or are already facing charges, contact Jack Rice Defense for a free consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, Jack Rice Defense.