Juvenile Crimes

Rights of a minor when speaking to a cop

By August 3, 2020No Comments

The law allows the police in Georgia to freely approach a child and learn about their involvement in a crime. However, the child also has the right to choose to answer the questions or not. 

But what are some of the other rights of a minor being questioned by a police officer?

1. They can either request a parent or lawyer to be present.

A child can request the presence of a parent or lawyer at any point before or during the interrogation. If the child can request to call a parent in the middle of questioning, and the police are required by law to abide. 

Once the parent or lawyer has arrived, they may also decide whether the child should answer the questions.

2. The fifth amendment of the U.S. Constitution protects anyone from forcefully admitting to a crime.

The police may use any informal conversation that occurred between the police and a child while not under arrest against the child in court. It is mainly because the information was voluntary. Any information obtained through the forceful coercion of the child to admit to a crime against their will is not relevant in a law court.

3. Miranda Rights

When the police take a child into custody and interrogate them, they first need to advise them on their Miranda rights before collecting any statements. 

The full Miranda rights are:

  • “You have the right to remain silent.”
  • “Anything you say can and will be used against you in a court of law.”
  • “You have the right to an attorney.”
  • “If you cannot afford an attorney, one will be provided for you.”

Only if the officer advised the child on these rights can their reports be considered in a law court. Because the Miranda rights state that anyone has the right to remain silent and consult with an attorney before presenting any information to the police, any information a child gives without being told their Miranda rights can only be used to help with the case — but not to actually incriminate the child.

4. Repercussions

When a child is arrested and not allowed to call the parents or an attorney, the parents may file a complaint against the police department for violating the child’s rights.

Contact Kim Frye, juvenile defense attorney

If your child or a juvenile you know has been charged with a crime, it’s vital to hire a defense attorney who has experience with juveniles as soon as possible. Kim Frye is ready to fight for your child for the just result that they deserve. Contact Frye Law Group today.

Directions:

From I-75: Exit at the Highway 120 (South Marietta Parkway) (Exit #263) and follow the signs to KSU Marietta Campus.

You will be headed west and cross over Cobb Parkway (US 41).

Continue until you get to the intersection with Atlanta Street.

At the traffic light turn right onto Atlanta St. (going north).

Atlanta Street will take you straight to the Marietta Square.

Prior to entering the Square, you will see Anderson Street a block before the Square.

Turn Right onto Anderson Street. The Lawyer’s Building will be on your right.