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If a parent tells an officer that he/she doesnt want them talking to his/her child without attorney, does that automatically invoke his right? Or does the juvi have to do it himself? (this would be a non-custodial interview).
 
Posts: 357 | Registered: January 05, 2005Reply With QuoteReport This Post
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I believe that a juvi has to invoke it himself but certainly a parent could deny access to the child if the child was at home.

Officer could always try it at school but unless the officer says it will jeopardize his investigation, the school is generally going to call the parent to see if its OK (but of course, every school has a different procedure).

I did a quick search and couldn't find any cases about a parent being able to invoke for the child.
 
Posts: 641 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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as always, thanks again. Appreciate the help.
 
Posts: 357 | Registered: January 05, 2005Reply With QuoteReport This Post
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There's a good discussion of a closely related issue (with good caselaw for your precise issue) posted by David Curl on 7-28-05 ("Juvenile Confessions" is the thread starter). Unfortunately I am not savvy enough to link you there myself. Looks like the kid has to invoke . . .
 
Posts: 77 | Location: Montgomery County, Texas | Registered: July 06, 2004Reply With QuoteReport This Post
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Found it C. I think thats what I'm looking for.
Thanks alot.
 
Posts: 357 | Registered: January 05, 2005Reply With QuoteReport This Post
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