One question we commonly get is whether the police can question a child without a parent present. While no parent wants to consider their child being questioned, or even worse, arrested, it is important to know your rights and how to best protect your child. As a general rule, the best way to protect a juvenile being questioned by the authorities is to contact an experienced criminal defense attorney.

Can a Minor be Questioned Without a Parent Being Present?

The quick answer in Oklahoma is “yes.” A law enforcement officer is allowed to question a juvenile without a parent present. However, there are some exceptions. For example, if a minor under the age of 16 years is questioned without his or her parent, the information the officer learns from the interview cannot be used as evidence.

The Oklahoma Juvenile Code states that  “No information gained by a custodial interrogation of a youthful offender under 16 years of age [is] admissible into evidence against the youthful offender” unless the questioning is done in the presence of a parent or legal guardian.

Thus, even though a minor child can be interviewed by law enforcement without a parent or legal guardian present, it is not as helpful because the information cannot be used as evidence.

Custodial Interrogation

The restrictions on interrogating a juvenile under the law apply only to custodial interrogations, which means the minor has been taken into the custody of the police. If the child has been arrested and read his or her Miranda rights, they are clearly in the custody of the police. However, there are other circumstances where the court may find that the minor was in custody, including:

• They were put in handcuffs or other restraints
• They were put in a police car
• They were taken to the police station and placed in an interrogation room
• They asked to leave and were told they could not go

If a minor was put into any of the above situations and they were not read their Miranda rights, you should consult with a criminal defense lawyer regarding whether their constitutional rights were violated.

What if My Child Was Questioned Without Me Outside of Police Custody?

It is common for police to avoid the “custodial interrogation” restrictions by asking questions without a parent present but in a more informal way. Law enforcement officers are allowed to detain somebody if they believe a crime is occurring. If they suspect your child was involved in a criminal act, officers are allowed to stop and ask him or her questions. While Oklahoma law provides that you are not required to answer these questions, most people – especially minors – do not know this. As a result, police often gather incriminating information without placing the person in custody.

What About School Officials Questioning My Child?

Oklahoma law regarding questioning a minor does not apply to “a public school administrator or teacher, so long as [it] is not being conducted on behalf of a law enforcement officer.” If your child is suspected of committing a crime while on public school property, a school employee can conduct an investigation, and any information gathered is admissible as evidence.

Understanding Your Rights is Your Best Protection

The Constitution affords numerous critical rights to Americans, including minors. In criminal cases, your 5^th Amendment protects you from incriminating yourself by providing the “right to remain silent.” The 6^th Amendment gives you the right to an attorney in a criminal case. Law enforcement is only required to tell you of these rights if you are taken into their custody. As you might expect, police often argue that you or your child were not in custody when questioned, so no protections apply. Having a knowledgeable criminal defense lawyer on your side is crucial in combatting this argument.

You Should Not Face Criminal Charges Alone – Contact Us Today

If you are facing criminal charges and have concerns that double jeopardy applies, it is critical to seek the help of experienced criminal defense professionals. Our BMO criminal defense attorney legal team provides upfront communication and aggressive representation of our clients. Call Babbit, Mitchell & Ogle at (405) 692-7676 to ensure your rights are protected and to receive the best possible defense.