There are not any laws that prohibit or
restrict law enforcement officers from approaching and interrogating children
to gather information or intelligence about a crime. However, it must be noted
that it does not matter if it is a child or adult, we all have constitutional
rights and children do not have to mandatorily answer any of the questions that
the cops pose to them.
Knowing
when to Stop
A child is within legal bounds to refuse
to answer all and any questions being put forth to him or her by law
enforcement officers and may refer these questions to a lawyer instead (or
could just run off!). Law enforcement officers are explicitly told and trained
that they should refrain from continuing with their line of questioning when a
child does not want to voluntarily answer these questions and asks for a parent
to be present.
According to criminal defense lawyers,
law enforcement officers may certainly approach a child and question him or her
without any due permission from the child’s parents or guardians. But your
child does not have to answer those questions. If there is any ambiguity here,
you can find a legal pro on this site: https://usattorneys.com/. You can be the one
asking questions this time and if the police have more questions to ask your
child, this lawyer can be present.
Informal
Questioning and Voluntary Statements to Police
Just like in the cases of adults, when a
child answers questions thrown at him or her by law enforcement officers
voluntarily, it must be remembered that anything the child says or does can and
will be used against him or her in a court of law. This is because these
answers are deemed voluntary and not coerced. For example, let’s assume a child
is being interrogated by law enforcement officers outside their residence or on
the street and the child confirms that it was involved in the crime then law
enforcement officers can use this piece of information in a court room and may
testify against the child.
This is precisely why criminal defense
attorneys stress that their clients train themselves and their children to
exercise the right to remain silent when questioned by the police. They can
always refuse to answer in a polite manner and may request for a lawyer to be
present or may direct any questions to their legal representative.
This way a criminal defense attorney can
first extensively discuss what exactly transpired with his/her client and come
up with the best way to phrase the answer so as to mitigate the risk of law
enforcement officers being able to use this information to persecute the client
or the child.
If you are in a situation that you may
need legal help for a DUI you need to go right here. After cooperating but
saying only what you have to that website is where you need to launch yourself
towards. You need a DUI lawyer and this site has some of the best in the
business listed on them. This is America, not North Korea, you will have you
say in court and your lawyer may even be able to dislodge some of those pending
charges.
The
Right against Self-Incrimination
The Fifth Amendment of the US
Constitution has provisions for children and adults alike, which is known as
the right against self-incrimination. This is basically the right that any
individual can exercise to refrain from answering any line of questioning from
police officers. In case a child was forced into answering any questions by the
law enforcement officers, then these answers cannot be used as evidence in a
court room against the child under any circumstances.
Criminal defense lawyers confirm that no
person (adult or child) may be pushed or forced into providing witness
statements against himself or herself or any other person.
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