San Diego criminal defense attorney Stefano Molea answers whether police are permitted to question a child without his or her parents and a 2018 law that provides additional protection for the rights of youth.

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Hi, Stefano Molea, San Diego criminal defense attorney and partner at the law office of David P. Shapiro, where we help good people regain control of their future when charged with a crime. If you're a parent, you may have wondered, can police question my child without me being present? I think the answer will surprise you. Yes, the police can question your child without you being present. But how can a child know not to incriminate themselves without the help of a parent? Prior to 2018, an officer could take a minor into temporary custody with probable cause if the child committed a crime or violated some other juvenile court order. The officer just had to read the minor his or her Miranda rights. And if you're thinking, that's just crazy, how is a child supposed to understand Miranda rights under those types of intimidating and stressful circumstances, I totally agree, but that was the law.

Starting in 2018 however, the legislature made things a little better. Now a youth 15 years of age or younger must consult with an attorney in person, by phone or by video conference before being able to waive his or her Miranda rights. The minor cannot waive the right to consult with an attorney first. The only exception would be in extreme situations where questioning the minor without first consulting with a lawyer would be necessary to protect life or property from imminent threat, as long as the questions are limited for avoiding that threat. But remember, this new provision does not apply if the minor is 16 or 17 years of age. So make sure to educate your child about the rights. Check out some other videos on this channel on Miranda rights and how to assert your rights the proper way. Have questions, give me a call. Stefano Molea, San Diego criminal defense lawyer, (619) 295-3555.

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