Legal Question in Criminal Law in Kentucky

interviewing a minor

In Kentucky, can law enforcement interview a minor without parental/guardian consent?

Asked on 12/19/08, 11:03 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney
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Re: interviewing a minor

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.

Generally, law enforcement officers must make a reasonable attempt to contact the parent/guardian of a child prior to interrogation. There are some exceptions to this rule, such as the case where the parent/guardian is suspected of abusing the child.

If the child is in custody of the law enforcement officer (is arrested) prior to the interrogation, a "Miranda" warning is required (right to remain silent, right to attorney, etc.), and there is always a question as to whether or not a child can fully understand his 5th Amendment rights enough to waive them in a confession.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can get a referral to a criminal law specialist from the Kentucky Association of Criminal Defense Lawyers, at

kacdl2000@yahoo.com.

Additionally, you can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

thomas@mcadam.com

Read more
12/20/08, 3:58 pm

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