1. Your son needs to consult with an attorney. If the police interrogated your son without following the proper protocol and in a manner that may have violated his rights, it may be grounds to file a suppression motion to strike any of his alleged statements from being admitted and used against him. I'd recommend you retain an attorney on your son's behalf or that your son request a court-appointed attorney if he cannot afford to retain one.
Answer Applies to: Michigan.
Replied: 11/2/2011
2. It would depend on what he was questioned about. Typically, the police will seek parental permission before questioning a minor.
Answer Applies to: Michigan.
Replied: 10/7/2011
3. Your question is "can a minor be questioned?" or "could a minor be questioned?". The answer to both questions is "Yes." The police break the law all the time - so of course they "can" and they "could." The question you want to ask is whether it is proper and legal for the police to question a minor without their parent. The answer to that question depends on the circumstances including whether your son was under arrest or was detained for questioning. If your son was questioned illegally, and you challenge the legality of the questioning, what you win is suppression of any statement he made. It does not mean charges against him (or anyone else) necessarily will be dismissed. So the answer to your question, as well as the remedies that may be available, depends on more detailed information.
Answer Applies to: Michigan.
Replied: 10/7/2011
4. The police can speak to a minor without the permission or knowledge of the parents. The minor would not be entitled to legal counsel unless he was being interrogated while in police custody. If your child has been questioned, speak with an attorney and review the reports of such interviews to see if any Miranda or other violations occur. Keep in mind that not you nor your minor children ever have to speak to the police. If the police come to your home and ask to speak to your child, you can always politely decline and ask them to leave. If the police spot your children in public alone or in school, he is fair game for them to ask him to speak with them. It is up to him in that situation to tell them that he doesn't want to speak with them or at least have a parent or lawyer present.
Answer Applies to: Michigan.
Replied: 10/7/2011
5. Thank you for your inquiry Yes, this can occur. An older rule would have prevented answers to questions from being admitted into evidence. Now, it is a matter of the coersiveness of the situation and a number of factors. I hope that this was helpful.
Answer Applies to: Michigan.
Replied: 10/7/2011
http://www.lawqa.com/qa/can-minor-be-questioned-by-police-without-their-parents-or-legal-counsel