Do You Have to Let the Police Question Your Child?
No, you don’t. Your child has the same legal rights as an adult, including the right to remain silent and the right to an attorney. If an officer asks to speak with your child, you have every right to refuse. And your child also has the right to refuse to answer any questions.
Should You Be Present During Questioning?
Yes. Law enforcement must get parental consent before questioning a minor in a custodial interrogation. This does not necessarily apply to non-custodial questioning.
Colorado’s law governing police questioning of minors is outlined in Revised Statutes Section 19-2.5-203. This statute details the conditions under which a juvenile’s statements during custodial interrogation are admissible, emphasizing the necessity for the presence of a parent, guardian, or legal custodian, and proper advisement of the juvenile’s rights.
What If the Police Say Your Child Is Just a Witness?
Even if officers say your child is not in trouble, be cautious. Anything your child says can be used against them or someone else. Kids and teens often don’t realize how their words may be misinterpreted. Plus, a person can be guilty for the actions of another under a theory of complicity. Many times young people will speak to the police, because they didn’t actually commit any physical act, but then unintentionally confess to a crime. A person can still be guilty by “aiding or abetting” the commission of a crime by another person. Speaking without legal guidance can lead to unintended consequences.
Can the Police Question Your Child Without a Lawyer?
It depends. If your child is in custody, officers must inform them of their rights, including the right to an attorney. If they ask for a lawyer, questioning must stop. If they are not in custody, police may still try to ask questions without a lawyer present. Either way, your child should not answer without legal counsel.
What Should You Say to the Police?
If officers ask to speak with your child, stay calm and polite. You can say:
- “I want to be present for any questioning.”
- “My child will not answer questions without a lawyer.”
- “Is my child being charged with a crime?”
If your child is not under arrest, ask if they are free to leave. If they are, take them and go.
Is Your Child Under Arrest?
If your child is arrested, do not allow them to answer any questions. Tell them to remain silent and request an attorney immediately. Juvenile cases can have lasting consequences, including a criminal record, court-ordered programs, and even detention. An attorney can help protect their rights and future.
Beyond the legal issues, an arrest can be an emotional shock for both you and your child. Fear, confusion, and anxiety are common reactions. Your child may not fully understand what is happening or what they are facing. They may feel ashamed, overwhelmed, or worried about disappointing you. As a parent, you might experience frustration, anger, or helplessness. These feelings are normal.
It’s important to reassure your child that you will support them and take the necessary legal steps to protect them. Acting calmly and getting legal help quickly can ease some of the stress and help you focus on the best path forward.
Protect Your Child’s Rights
If the police want to question your child, don’t go through it alone. Legal guidance can make all the difference. Contact the Juba Law Office today to get the help you need.
