Legal Question in Criminal Law in Nevada

Childs maranda rights

At what age does a child have the right to an attorney when being interviewed about an alleged sexual crime?


Asked on 8/13/08, 6:36 pm

1 Answer from Attorneys

James Smith James E. Smith Ltd.

Re: Childs maranda rights

There is no particular age requirement for Miranda. It depends on the totality of the facts and circumstances. Most important is whether the child is a suspect and whether he or she is in custody or believes that he/she is not free to leave. The better practice is for the police office to give the child Miranda warnings if by talking the child may incriminate him/herself. The parent does not necessarily have a right to be present during this interrogation. If the child is not a suspect or restrained from leaving (physically or psychologically), then the police can question the child even without a parent present to conduct an investigation of someone else (including the parent).

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Answered on 8/13/08, 6:43 pm


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