Criminal Law

questions & answers

Question: If you are a miner can they arrest you without notifying the parents and can they detain you without giving you a phone call

Answer: When a police officer has probable cause to arrest a person, he can arrest that person even if they are a minor. The officer does not need the parent’s permission to arrest the minor. Parents are generally notified once the minor who was arrested reaches the Juvenile Detention Center. Where the suspect is under age 18, the officers should be careful to advise the child of his or her rights, including the right to have a parent present during questioning. The officer should be careful not to intimidate the child during questioning. A judge can decide later that the child was questioned improperly, and that can result in the statements being thrown out. If the judge decides the questioning was proper, the statements can still be used even if the child wasn't advised of their rights. Each case is different, and not all judges rule the same way on the issue of whether a specific statement was taken illegally. For statutory information regarding procedures and other information on juvenile issues, please refer to Arizona Revised Statutes, Title 8 Children.