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Yes, it is a misconception that minors must have the parent or legal guardian present when being interviewed by authorities. The minor has the same options that an adult has, which is to refuse to answer questions and if placed under arrest has the right to legal counsel either private or a public defender.

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16y ago
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15y ago

Yes. But remember your definition of "question" may be different from the law's definition. An officer can SPEAK TO and ASK QUESTIONS OF a juvenile without it being considered a "Questioning." A full-blown 'questioning' takes place when the juvenile is in custody or when being questioned as a possible suspect in an offense. When these occur, most jurisdictions require the juvenile's parent/guardian to be present or, in the case of a school resource officer, a member of the school's administration.

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14y ago

Please define what you mean by "question." Can the police contact a juvenile and speak with them, talk to them, ask questions of them? Yes, they can. If they take a juvenile into custody and begin questioning them in a custodial situation, they should have a parent or guardian notified or present.

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Q: Can police question a minor in new york?
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