Parents dream of the day their child gets their license, goes to prom, or graduates high school. But no parent dreams of their child being questioned by the police—or worse, arrested. If it happens, you want to do everything you can to help them. You might start by wondering whether a juvenile can be questioned without a parent present. Is it even legal? Let’s find out.
In Oklahoma, Can a Juvenile Be Questioned Without a Parent Present?
The short answer is yes—it is legal for law enforcement to question a minor child without a parent present. But that isn’t the whole story. While a juvenile can be questioned without a parent, the information that law enforcement obtains from such interviews can’t be used as evidence if the juvenile is under 16 years old.
According to the Oklahoma Juvenile Code, “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 it’s done in the presence of a parent or legal guardian.
While a juvenile can be questioned without a parent, it may not be in law enforcement’s best interest to do so if they’ll need to use the interview as evidence. However, there are a few parts of the law that deserve a deeper dive.
What Is a Custodial Interrogation?
The law only applies to “custodial interrogations,” which means that the juvenile is in the custody of the police. If they were arrested and read their Miranda rights, they are officially in custody. Courts may also find that someone is “in custody” if they are:
- Put in handcuffs
- Put in the back of a police car
- Taken to an interrogation room or custody suite
- Not allowed to leave when they ask
If any of the above situations apply, but the child wasn’t read their Miranda rights, you may have a case that their constitutional rights were violated.
Getting Around the Custodial Interrogation Rule
What about other situations? Can a juvenile be questioned without a parent if they’re not in custody? Yes—and it’s common for police to try to get around the “custodial interrogation” rule by presenting their questions more casually.
For example, law enforcement is allowed to “detain” an individual if they suspect a crime is happening. This simply means they’re allowed to stop you and ask you questions if they think you’re involved in a crime.
In Oklahoma, you don’t have to answer—but juveniles often don’t know this. It’s easy for the police to use their authority to get juveniles to “answer a few quick questions,” and even incriminate themselves, without ever placing them “in custody.”
What If Another Adult Is Present?
It isn’t just parents that can be present during an interview. In order for the information to be admissible in court, the child can be questioned in the presence of their “parents, guardian, attorney, adult relative, adult caretaker, or legal custodian.” Law enforcement must also follow the same interrogation requirements as they do for adults.
Another important note is that the law doesn’t apply to questioning by “a public school administrator or teacher, so long as [it] is not being conducted on behalf of a law enforcement officer.” This means that when school employees are investigating “a wrongful act committed on public school property,” any information they find is admissible as evidence.
How Does This Affect Your Case?
You should know that constitutional rights apply to everyone in the U.S., including juveniles. The Fifth Amendment provides the right against self-incrimination, or as most people know it thanks to Miranda v. Arizona, “the right to remain silent.” The Sixth Amendment provides the right to an attorney in any criminal case. However, police aren’t required to advise you of these rights unless they take you into custody.
If your child was questioned without a parent present, law enforcement may still try to use the information as evidence against them. They’ll likely say that the child was not in custody during the interview, so the law doesn’t apply.
By now you know that the answer to “Can a juvenile be questioned without a parent in Oklahoma?” is a bit of a gray area. It’s essential to speak with an experienced defense attorney if you find yourself in this situation. We can help protect your child’s rights and ensure that any evidence the police gathered using shady practices isn’t admitted into court. Contact us for a free case evaluation today.