Submitted by Anonymous on Thu, 03/03/2011 - 08:37
My son is 17 now but he was only 16 last month when he was arrested on a drug charge. Instead of just keeping his mouth shut until I got down to the station he talked to the cops and admitted certain things and is now facing charges. My question is whether it's legal in Massachusetts for police to interrogate or question a minor without his parents being present. It seems wrong to me and I'm wondering if the cops crossed some kind of a line here?
Questioning minor in MA
Generally, police can question people of any age while investigating crimes or incidents, such as an automobile accident. However, when it comes to questioning a suspect in a crime, the law does protect minors from self incrimination. If the the police wish to use statements obtained from a juvenile as part of a prosecution, they must show that the suspect made a valid waiver of his Miranda rights. Massachusetts courts have held that, when the police interrogate a juvenile, a parent or guardian must be present and have the opportunity to talk to the minor before he can be considered to have waived his constitutional right to remain silent. See, for example, Commonwealth v. A Juvenile 389 Mass. 128, 133-134 (1983). If I were you, I would contact a Massachusetts criminal law attorney ASAP.