Eisenberg Law Offices, S.C. | April 23, 2025 | Criminal Defense
Police are allowed to question minors, and sometimes they do so without parents or guardians around. But minors are still protected by laws that can require that police get parental consent depending on the circumstances. If the wrong procedures are followed, the police could end up in legal trouble.
The Fifth Amendment protects against self-incrimination (e.g., when saying something might imply or confirm that the speaker is guilty), and the Sixth protects the right to have legal counsel, to have a parent or lawyer present during questioning, and to refuse to speak with law enforcement. Minors are protected by these amendments just like adults are.
Laws surrounding when police can question a minor who is a witness to a crime or who is a victim are not always detailed. In these cases, police can speak with the minor without parental approval, although the protections from the Fifth and Sixth amendments still stand. If your child was questioned by a police officer or other law enforcement official, and you’re concerned about potential repercussions for your child (such as the police targeting the child in the future, or revenge from classmates the child may have pointed out to police), you should speak with a lawyer.
Things get a little more detailed when the minor is actually detained as a suspect. They also get more dangerous for the minor as what they say can be admissible in court. Your child should know their rights to remain silent and have parents or lawyers present and that if they make this request and police don’t comply, then that could put the police and the case against the child in jeopardy.
If your child was questioned by the police for any reason, and you’re concerned about how that might affect the child in the future or the child has requested a lawyer, contact Eisenberg Law Offices, S.C. at (608) 256-8356. You and your child must have someone defending your rights surrounding law enforcement questioning. Schedule your free consultation today.
Eisenberg Law Offices S.C. is a trusted criminal defense law firm in Madison, WI, dedicated to fighting for your deserved compensation. Our experienced attorneys will negotiate with insurance companies on your behalf and ensure your rights are protected. Contact us today for a free consultation.
We proudly serve Dane County and its surrounding areas.
Eisenberg Law Offices S.C. – Madison
308 E Washington Ave
Madison, WI 53703
(608) 256-8356
Our firm is located near you. We have an office in Madison, WI
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