Should I have an attorney present when my 16 year old daughter is being questioned by a criminal investigator?

George

without a doubt!

PeahiWahine

Whether she is under arrest or simply under questioning, an attorney should be present at all times.

The right to remain silent includes not answering any more questions from investigators. Keep in mind, that while she may not have been arrested, her name will be attached to someone else's case and it's a matter of public record.

Also, I don't think it wise to pit your child against a thug. That is to say it might not be safe for her. And to cover all the bases here, I don't see them making a case for obstruction of justice since she already answered their questions. They can make their case without her.

kitty fresh & hissin' crew

YES.

sick1withasmile

Refuse the questioning, they have no bussiness with her... they want her to be a rat... and if she deicdes to be a rat she will have many issues with her peers... im not saying protect the wrong doers... but tell her to keep her mouth shiut to protect her...

cantcu

There is no law that says she has to cooperate with the police. Tell them she isn't going in and if they want to see her talk to her you or your lawyer!

The police have no business talking to her. They should be talking to her parents as she is a minor! They love to play games as they know children don't know the rules. Most adults don't.

They can say she is not under arrest, but their intention may be to arrest her. At any time during an interview she feels she is not free to leave, she is under arrest whether they say it or not! She has a right to an attorney and they are to stop questioning her immediately after she asks for an attorney!

As a parent, I would call them and tell them that they go through you, not a child!

David P

This answer is going to receive a lot of criticism, but here it goes.

Your daughter is associating with either drug dealers or drug users, and that's a fact. Whether or not she has a lawyer she was in the presence of drugs. I'm sure that you are sure that she is innocent, that she had no idea that he had drugs... but ask yourself how naive you are being. It's true that she might not have known that they guy had drugs AT THE TIME, but like as not she knew he was involved with them.

What is it you are exactly trying to protect her from? The consequences of her actions? Aren't we supposed to teach our children EXACTLY that, that there are consequences for our actions?

The children that learn that mommy and daddy come running to protect them when they have done something wrong are the ones that come to EXPECT mommy and daddy to come running.

The cops are not going to put her away for the next ten years for a minor drug possession charge. Wouldn't it be better for to face the music now when she is young, and the punishment would be virtually non existent and maybe get her attention? Or should you wait until she is older, the crime is more sever, the punishment is actual time and the lawyer is more expensive?

RottenDog

Well, I'd certainly want to have a lawyer with me.

goz1111

assuming this is in USA, yeah bring a lawyer next time, even though she has already gave information,

in these cases the police are not your Friend, they are looking to charge every one they can, while she did not have the drugs are her they maybe trying to make a case for conspiracy charge in order to force her to turn evidence not only on who had the drugs but where he got the drugs as well

Breacher

No she does not need a lawyer. First off as a juvenile let her take her knocks. Question they type of people she is hanging around with. Use this as an opportunity to get a lesson in life without having to worry about it going on her adult record if she has in fact done something wrong. Save your money. If you are that concerned then ask if you as a parent can sit in on the interview. It doesn't take a lawyer to realize when a person is going to make a remark to incriminate themselves.

Thomas S

ABSOLUTELY, While i love my country I wisely fear my government, and any sane person would wisely keep their mouth shut when being questioned by the cops. the police routinely worm a persons words around so they may indite themselves and then be pressured to snitch on someone else to save their own skins. no faster way to good police work than a scared kid willing to turn in mom and dad in the hopes of avoiding jail. By all means lawyer up. and find your kid new friends.

Alex G

Do not let her talk to the police any more without an attorney being present (in the room) with her. In most jurisdictions that I have practiced law (Florida, Georgia, and Virginia), the prosecuting attorney has the ultimate say as to what benefits cooperating with police will produce.

If the police had enough evidence to arrest her, they would have. They are looking for her to provide even more information to them in order to find inconsistencies in her version of events or to make their case against her even stronger. If they are looking for information about other people involved in the activity, her statements to the police, without promises made by the prosecuting attorney, may provide her with no benefit at all.

Trust your attorney. Miranda rights exist for a reason. When they say "anything you say can and will be used against you" its true. The persons own statements in my experience of dealing with more than 2500 felony and misdemeanor cases are the final nail in the coffin of a conviction and arrest.

gorglin

If you want a lawyer there, get one but on the
flipside if all they want to do is find out what actually
went on you could go along, they normally question
everyone in a case like this...................................

sarahkay1

Def the parents should be there with her and depending on what a lawyers advice would be to be there or not,depends the seriousness in it all, talk to a few lawyers and see what they say.

burning brightly

In Australia if under 17 a young person must have an independent person in attendace in he interview room . I would sauy in your case this is not the usual way so yes get your daughter a lawyer who is aware of young peoples right it might be that any prior interview is null and void due to the investigators not sticking to the rules re young people under interview..

nickle

DO nothing without an ATTORNEY present

old fuzz

What state are you in??? A parent should be present when their child is questioned by police. The parents should be told if their daughter is a suspect, victim, or witness. She may not need an attorney but she certainly needs a parent in the room with her.
Now, having said that, there are situations where maybe what the child has to say isn't something she wants her parents to know about (like, if she is sleeping with the druggie). The parents can request a child advocate be in the room with her. That would offer some protection and privacy. Check with your local social services to see if such a service is available.

Dirty D

Yes you definately should. When police are involved there are no simple questions just wrong answers and they're counting on you to give them.

STEVEN F

I lawyer is probably not needed in this case. If I was the parent, I would be there. If the questions lead me to believe they wanted to charge her with something, we could always get a lawyer at that time.

bluelights

A minor can be talked to by a police officer without an adult present as long as the minor is a victim, complainant, or witness. Only when the minor is a suspect does a parent have to be present.

If that investigator does end up charging the minor, even if that minor had waived rights to counsel, anything that minor said would be inadmissible in the court. Any good investigator knows that and would not jeopardize the case.

Considering it is a drug case, the investigator is probably trying to get all the information he can in order to go further up the chain of where the drugs came from. It's better to get a supplier/dealer off the streets and behind bars where they should be.

Even if she did say she was using that night, there's no real way of proving it now and he would not try to charge her. If she was going to be arrested, they would have done it that night.

But, I would start watching who my daughter is hanging out with and where she is going more closely. Remind her that drivers who use drugs are just as dangerous as those who drink and drive.

Princess

yes you should always have a lawyer present. the police should not have question her with out her parents. police can be very manipulative. I hope they advise her the right council.

okwhteva

You can Have a lawyer present, but most likely will waist there time and your money. They probably want to ask her more about if she new the drugs were in there. If she was not arrested the most they could do is probably fine her.

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