questioning a minor - United Bimmer Community

craig · 01-17-2007, 12:11 AM

is it legal for a cop to question me(17) with no one els there and without permission from a parent? if so, is that alone enough to get my case thrown out? i need an answer somewhat quickly.....

**Numark318i** · 01-17-2007, 12:28 AM

you dont have to say anything i dont think. You can refuse to speak, and say you want an attorney.

I believe?

craig · 01-17-2007, 12:30 AM

yes i know that, but they have already questioned me and i was wondering how illegal that was and if that could get my case thrown out, or atleast re-done

**Numark318i** · 01-17-2007, 12:34 AM

i think once you start talking you waive your right to not speaking.

anyone else know about this?

I watched a 45minute video on some weed website about your basic rights(i know i know..not the best source..which is why i question my knowledge)

witeshark · 01-17-2007, 08:53 AM

AFAIK you have the right to have a lawyer there while being questioned

**jms** · 01-17-2007, 09:11 AM

honestly that is a question for your lawyer. If you don't have one get one.

**Hoppy** · 01-17-2007, 10:26 AM

police cannot question a minor with out adult consent. however a whole nother question remains as to the age of majority in your state. some states 17 is a legal adult. i doubt youd get the case thrown out. since if you are a minor and where questioned, you would go to adjudication wich is differant than a trial. and has differant sets of rules. if you are an adult, then they can question you with out parental consent, and you would go to trial. and the point is mute.

however, if you are a minor. its a good thing. the point of the juvinel justice system is to reform people. not punish them.

**CAPiTUL** · 01-18-2007, 01:06 PM

The other question is whether or not you were arrested. Only at time of arrest do they have to read your miranda rights. As JMS pointed out - that is a question best served to a lawyer, especially since you are talking about a court case.

**Hoppy** · 01-18-2007, 08:15 PM

Quote:

Originally Posted by CAPiTUL

The other question is whether or not you were arrested. Only at time of arrest do they have to read your miranda rights. As JMS pointed out - that is a question best served to a lawyer, especially since you are talking about a court case.

thats important if your an adult
miranda triggers are detention and relevant questioning. if its a situation where your not in custody( meaning they called you to "ask you a few questions" you went down there on your own ) they have no obligation to read you your rights

how ever a minor is a whole differant situation. its kinda a situation where you need to find out if your a minor or legal age, and then find a lawyer with the experience in those areas

**94bmw325i** · 01-19-2007, 03:06 PM

craig I would get a lawyer, or a public defender if your parents can somehow prove they can't afford one. They will give you the best info for your specific case man.

good luck

nick_318is · 01-19-2007, 06:05 PM

Goto the guy ask him to drop the charges if you get him a new tire.

Edit: What are the charges or are they just dicking around with you cause they dont have enough on you to actually charge you with anything?

**intheothernews** · 01-19-2007, 11:32 PM

I know here when you turn 17 you are no longer triad as a minor so i am not sure if that means you neeed adult consent or not

**Chris** · 01-31-2007, 11:10 PM

The age of majority in the state of kansas is 18. HOWEVER, they don't have to read you your rights until they put the cuffs on, SO IF THEY ASK YOU A QUESTION BEFORE THEN AND YOU ANSWER IT, IT IS ADMISSABLE IN A COURT OF LAW

So even though you were under the age of majority, unless they were formally arresting you, they don't have to ask for permission to talk to you. You always have the right to STFU, but in this case you chose not to exercise it.

**B_w.** · 01-31-2007, 11:57 PM

you seem to be getting in trouble endlessly for stupid shit...