is it illegal to interview a 15 yr old w/o parent’s consent or parent being present during interivew in SC?

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Home » Ask a Lawyer » is it illegal to interview a 15 yr old w/o parent’s consent or parent being present during interivew in SC?

is it illegal to interview a 15 yr old w/o parent’s consent or parent being present during interivew in SC?

Asked on May 19, 2009 under Criminal Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Since you didn't state, I will assume that this interview was conducted by the police.
A juvenile can be questioned by the police without his/her parents present.  This is true so long as it is not a "custodial interrogation".  For example, the minor is removed to a different location.    Questioning can be done in a school setting but the court may well deem that setting to be custodial; any incriminating statements made may be thrown out at trial.
After a juvenile is taken into custody by the police, his parents or guardian are notified and asked to come to the police station.  The police may question the juvenile without his parents present, but at this point the juvenile has the right to remain silent and has the right to a lawyer.  If the parents do not want the child to talk to the police, they should advise the child not to talk without the advice of the lawyer.  At this point, if the minor continues to speak anything he says can be used against him in court.

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