Does your child have the same right to remain silent ?
BY TIM MENDOLIA , Attorney At Law
How many times have we heard , or as we get older , say … the world is a different place now ? Fights in school were resolved by a coach or a vice-principal with maybe some licks , and the kids were sent back to class . Teenagers caught with alcohol watched the officer pour it out and were sent on their way . Such is not the case now . Both of these situations could very well end up with police involvement and possible criminal charges .
When it comes to your child , every parent wants to feel they are in control and that they can help protect their child in every way , right ? If your child is facing potential criminal charges , most parents expect that they will be contacted prior to their child being interviewed by the school official or the police , but this is simply not the case . The school official and / or the police can interview your child without you , the parent , being present or even aware . If the child is questioned , when not deemed to be in custody , no warnings ( i . e ., the right to remain silent , the right to have an attorney and / or their parents present ) are required to be given to the child . This is even more problematic when interviews are conducted by school officials ( teachers , principals or counselors ). This setting invokes a trust that the child is safe to speak , but as in any case , adult or juvenile , anything said in this interview can be used against the child in the prosecution of a crime . Only when a child is placed into custody , is the interviewer , in that instance , normally , the police , are required to instruct your child of his or her Miranda Rights ( i . e ., the right to remain silent , the right to an attorney .) Unless , caught in the act of a crime , generally , the initial questioning of a suspect , juvenile or adult , does not occur in custody or after being placed under arrest , but rather in an investigative stage , and in a juvenile ’ s case , that very well may occur in school or when the parent is not present .
Texas law regarding the questioning of juveniles closely follows the rules for adults . Yes , your child has the right to remain silent and to request the presence of his parent ( see below for warning on this ) and an attorney , and failure to invoke these rights , even by a juvenile , can be considered waiver of such rights . So , the question becomes , does your
child know and understand this ? And , more importantly , is your client strong enough to make the request ? In any situation which could involve a crime ( i . e ., assaultive behavior , drugs , alcohol , sexting , bullying , to name a few ), your child should know and understand , it is fully within their rights , and more importantly , it is okay , to politely inform anyone questioning them , whether a school official , police officer or other , that they wish to speak to their parent and their attorney before answering any questions . Being that you do not know the nature of the interview and / or whether your child is being questioned as a fact witness or as a potential suspect , it is imperative that your child know that they must not speak until they speak to their parent and their attorney . They must be strong enough to make the request and refuse to answer any questions , no matter what is said to them after that point . They are not admitting to anything . They are not making things worse for themselves by invoking these rights . They are simply protecting themselves until they can speak to their parents and attorney , and determine how to proceed .
Furthermore , once the child is alone with the parents , depending on the severity of the crime that may be involved or alleged , especially if it involves a potential felony crime , it is important that the child not speak , in detail , to even the parents . There is no child / parent privilege in Texas law either . So , to not to create parents as witnesses against their own child , a detailed discussion , initially , should be had with the attorney and the child to be most safe . Obviously , as a parent , you may be able to decipher the severity of a situation and determine if an attorney is needed immediately through your conversations with the police and / or school official , before speaking directly to your child . If you question the situation , or the severity , it is wise to consult an attorney prior to a discussion with your child .
Tim Mendolia , Partner , M & P Law Office , 6900 E . Interstate 20 , Aledo , Texas 76008 , 817.546.4100 , a general practice , including , criminal , family , juvenile , civil , real estate , business law since 1994 , and since 2003 in Parker County , Texas . Tim is a member of the Texas Bar Foundation and 2017 American Institute of Criminal Law Attorneys 10 Best Attorneys .
NOVEMBER 2017 PARKER COUNTY TODAY
Zachary Q . Pettigrew , Timothy L . Richardson , Kimberly T . Mendolia , Timothy J . Mendolia 6900 E . Interstate 20 Frontage Rd . South H Aledo , Texas H 817.546.4100 H 817.546.4104 fax
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