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  1. #1
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    Default Can a 17 Year Old Be Arrested and Interrogated Without Parents or Lawyer

    My question involves police conduct in the State of: Missouri. My 17 year old brother was arrested at school. He was not read his Miranda Rights or even told what he was being arrested for. No one contacted my parents to let them know that he was in custody. He was interrogated with out my parents or a lawyer present. Can the police do that? Shouldn't my parents have been contacted? Please let me know what the laws are. Thanks

  2. #2
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    Default Re: Can a 17 Year Old Be Arrested and Interrogated Without Parents or Lawyer

    At 17 in your state, if you are arrested for committing a crime you're in the adult system, not the juvenile system.

  3. #3
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    Default Re: Can a 17 Year Old Be Arrested and Interrogated Without Parents or Lawyer

    If your brother was arrested, he needs a lawyer not his sister getting internet assistance.
    If he was actually arrested then they should not have interrogated him without Miranda.
    HOWEVER, let me guess that it went down this way. They asked him to come with them to the police station, saying he wasn't actually under arrest yet, but they wanted to talk to him and he was techincally free to go. In this sort of questioning, Miranda, etc... is not required and it's a common tactic by the police to get information.

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    Default Re: Can a 17 Year Old Be Arrested and Interrogated Without Parents or Lawyer

    More than likely he was interviewed AT the school and BEFORE he was arrested ... and thus, Miranda will not likely apply. Though, under the right set of circumstances, it might. But, if the officers had even a little good sense they would have done this in such a way where Miranda will never be an issue.

    Chahn, yes, the police can interview and arrest minors without parents on the scene. And MO law requires that a minor taken into custody MUST be advised of his rights before there is any questioning. So, if he was interviewed prior to custody or agreed to speak AFTER the advisement, then the statements are good. (211.059, and rule 122.05)

  5. #5
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    Default Re: Can a 17 Year Old Be Arrested and Interrogated Without Parents or Lawyer

    In your post, you boil it down to two simple questions, so I will offer two simple answers:

    "Shouldn't my parents have been contacted?": Yes

    "Can the police do that?"... the answer is apparent...

    what you should have asked was "is this lawful?", in which case your gut is probably telling you the truth, which is the same answer to question number two... the answer is no.

    Laws are just words on paper. If you can type, you can read. There will be a law library somewhere near you, or at least a state codes section at your local library. My suggestion, start with your state code 1.00000001 (example), and find out for yourself. Chances are, you'll find that prior to your brother being arrested, there were a great MANY laws broken by your local arresting agency in order to even BEGIN the process of arresting him. The more you know....

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    Default Re: Can a 17 Year Old Be Arrested and Interrogated Without Parents or Lawyer

    Quote Quoting cdwjava
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    Chahn, yes, the police can interview and arrest minors without parents on the scene. And MO law requires that a minor taken into custody MUST be advised of his rights before there is any questioning. So, if he was interviewed prior to custody or agreed to speak AFTER the advisement, then the statements are good. (211.059, and rule 122.05)
    I dont' want to split hairs here, but at age 17, Missouri law regards you as an adult for purposes of criminal law and charges occur in the adult system.
    Quote Quoting RSMo 211.031.1.3. Juvenile court to have exclusive jurisdiction, when--exceptions--home schooling, attendance violations, how treated.
    Except as otherwise provided in this chapter, the juvenile court or the family court in circuits that have a family court as provided in sections 487.010 to 487.190 shall have exclusive original jurisdiction in proceedings:... (3) Involving any child who is alleged to have violated a state law or municipal ordinance, or any person who is alleged to have violated a state law or municipal ordinance prior to attaining the age of seventeen years, in which cases jurisdiction may be taken by the court of the circuit in which the child or person resides or may be found or in which the violation is alleged to have occurred; except that, the juvenile court shall not have jurisdiction over any child fifteen years of age who is alleged to have violated a state or municipal traffic ordinance or regulation, the violation of which does not constitute a felony, and except that the juvenile court shall have concurrent jurisdiction with the municipal court over any child who is alleged to have violated a municipal curfew ordinance, and except that the juvenile court shall have concurrent jurisdiction with the circuit court on any child who is alleged to have violated a state or municipal ordinance or regulation prohibiting possession or use of any tobacco product;
    RSMo 211.059 is a statute relating to juvenile court proceedings. For more details.

    When suspected of committing a crime, a Missouri 17-year-old has the rights of an adult and no longer enjoys the special protection of juvenile court.

    Miranda becomes relevant only if he made self-incriminating statements during custodial interrogation.

  7. #7
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    Default Re: Can a 17 Year Old Be Arrested and Interrogated Without Parents or Lawyer

    Quote Quoting jupiterskye
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    In your post, you boil it down to two simple questions, so I will offer two simple answers:

    "Shouldn't my parents have been contacted?": Yes

    "Can the police do that?"... the answer is apparent...

    what you should have asked was "is this lawful?", in which case your gut is probably telling you the truth, which is the same answer to question number two... the answer is no.

    Laws are just words on paper. If you can type, you can read. There will be a law library somewhere near you, or at least a state codes section at your local library. My suggestion, start with your state code 1.00000001 (example), and find out for yourself. Chances are, you'll find that prior to your brother being arrested, there were a great MANY laws broken by your local arresting agency in order to even BEGIN the process of arresting him. The more you know....
    There is nothing found in MO law that would indicate that the police talking to a minor without a parent present is - by itself - unlawful or even improper. Do you have ANY legal foundation to imply otherwise?

    Additionally, as previously pointed out, it appears that the definition of "child" may exclude a 17 year old ... in which case the parent aspect is sill out, but a Miranda issue is a possible (though unlikely) matter.

    The information and the law was available in a quick Google search ... try it.

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