When your minor child is suspected of a crime in Illinois, the situation can be overwhelming. One question that often pops up in such cases is, can the police question minors? This guide seeks to provide you with a detailed understanding of this crucial matter, shedding light on your child’s rights and the rules the police need to follow.
Can Police Question Minors in Illinois?
In Illinois, police can question minors, but specific rules and regulations apply to ensure the child’s rights are respected. In this guide, we’ll delve into:
- The legal provisions in Illinois
- After a minor is detained
- The role of a guardian or lawyer
- What happens in a court proceeding
- FAQ about police questioning minors
Here’s a closer look at each.
The Legal Provisions in Illinois
Under Illinois law, minors have the right to have a lawyer present during questioning. As of 2016, any child under the age of 15 must have legal representation present during murder or sex offense interrogations. Failure to adhere to these requirements can lead to the inadmissibility of the child’s statements in court.
Related: What are the consequences of shoplifting in Illinois?
After a Minor is Detained
If your minor child is detained by police, you, as the parent or guardian, should be notified as soon as possible. Following the detention, the police can ask preliminary questions to establish the minor’s identity and address. However, before asking questions about the alleged offense, they must inform your child of their rights.
The Role of a Guardian or Lawyer
When your child is being questioned, having a guardian or lawyer present is paramount. This person can help the minor understand their rights, including the right to remain silent. They can also prevent intimidation and ensure that the minor doesn’t unknowingly incriminate themselves.
Related: How a DUI conviction in Illinois can ruin your life
What Happens in a Court Proceeding
In court, the judge will determine whether the police followed the proper procedure during the interrogation. If it’s found that the minor’s rights were violated, any statements made during the questioning might not be admissible.
FAQ About Police Questioning Minors
Check out these commonly asked questions about police questioning minors in Illinois. If you don’t see the answers here, please call our office, and we’ll provide the information you need.
What age is considered a minor in Illinois?
In Illinois, anyone under the age of 18 is considered a minor.
Related: What happens if you’re charged with battery in Illinois?
Can a minor refuse to answer police questions?
Yes, a minor can invoke their Fifth Amendment right to remain silent.
Can a minor be arrested without a parent present?
Yes, but the police must notify the parent or guardian immediately after the arrest.
Related: How to choose the right criminal defense lawyer in Chicago
Understanding your child’s rights during police questioning is crucial. If your minor child is facing legal issues, it’s essential to secure the services of an experienced criminal defense lawyer in Illinois who understands juvenile law. This professional will protect your child’s rights and ensure the best possible outcome for the case.
Do You Need to Talk to an Attorney?
If you’ve been accused of a crime, we may be able to help you – and don’t worry: It’s completely confidential. Call us at 847-920-4540 or fill out the form below to schedule your free, private consultation with an experienced and skilled Chicago criminal defense attorney now.
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