Are Children Obligated To Speak To The Police? Attorney Matt Brown from Combs Waterkotte answers the question, “Are children obligated to speak to the police?” Juvenile Criminal Defense Lawyers in Missouri.
Jessica Ambuehl: So gentlemen, let’s say the police contact my child at school, are they obligated to speak with them?
Chris Combs: Absolutely not.
It doesn’t always happen this way, of course. But first and foremost, the legal guardian or parent should be called. And if not, an attorney. There is zero obligation for a student to speak to law enforcement.
Like I said, the legal guardian or parent should absolutely be notified before taking any type of statement from a juvenile.
Jessica Ambuehl: And is that the case anywhere that a child is or only at school?
Chris Combs: That’s the case anywhere from what I’ve seen. Matt?
Matt Brown: From our perspective, our legal advice would be whether your kid is in a school setting or out in public, if they’re approached by a police officer who’s investigating a crime and wants to talk to that juvenile, absolutely 100% you need to call an attorney and have an attorney present with your child during that questioning.
Under no circumstances would I have my minor child talk to a police officer, one without an adult present, a parent or legal guardian, and certainly without an attorney present.
Jessica Ambuehl: And again, a minor means anyone under the age of 18.
Matt Brown: That is correct.
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