Many Texas parents wonder if their children can be questioned by the police, especially if they face potential criminal charges or witness a crime. Upon arresting any United States citizen, the police will read them their Miranda rights, telling them that they have the right to remain silent or ask for an attorney before they interrogate them. The question remains, do the same laws apply to juveniles? The short answer is yes, but under certain conditions. Read on to find out.
When the parent Is present
Suppose you as a parent are present when the police approach your child. In that case, you can refuse to allow the police to interrogate your child, especially if you feel like the police investigation or the criminal case could have a traumatic effect on your child.
Can the parent’s decision be revoked?
If a child is suspect of juvenile crimes, the court has the right to question the child outside the presence of their parents. The child can also consent to interrogation by waiving their Fifth Amendment rights. But before any authority interviews them, the court will make sure that the child understands their constitutional rights and the impact of their answers.
When charged with a major crime like a property offense or crime committed against another person, the court will require that an attorney be present to advise your child before speaking to the police. If the court determines that you can afford to hire an attorney for your child, you are obligated to do so. However, if you can’t, it may appoint a public defender to represent your child.