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
0 users found helpful
0 attorneys agreed

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

[email protected]

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!

[email protected]

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


Related Questions & Answers

More Criminal Law questions and answers in Kentucky


Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now