The Criminal Defense Law Center of
West Michigan

What Rights Do Minors Have

In Michigan, most police officers are decent people who want to make sure that our youth are safe and properly taken care of. However, if an interaction with a good police officer can be very intimidating and cause your daughter or son a lot of worry about  possible criminal charges. At The Criminal Defense Law Center of West Michigan, Shawn and his team of lawyers always tell his clients to treat police officers with respect. That being said, those being questions by police have certain rights and minors being questioned by police really need to know what these rights are.  

  • Exercise your right to remain silent if a conversation with a police officer makes you believe that you are being interrogated by law enforcement
  • Ask,  “Am I free to leave?” If the officer says “Yes,” then walk or drive away.
  • Do allow a police officer to search your person or your bag or car.
  • Ask the police officer to be allowed to call your parents or legal guardian if you are being questioned.

What Minors Need To Provide Police

A minor child needs to comply with a police officer if they are asked to give their name and address.  After you give the police officer this information, please politely ask the law enforcement agent that you want to contact your parent, lawyer and other adult responsible for the minor’s welfare asap!  We see far too many cases where minors are not polite to police officers and this can only harm the minor child’s case. In many cases, a prosecutor handling a case will have notes from police officers informing them about how they defendant reactive with them. If they defendant was polite, this will usually be noted in the police report. If the minor child is rude, defiant and refusing to follow orders, this will also be noted in the police report. We have handled many cases were prosecutors were willing to offer a better deal to our client because they were polite. This doesn’t mean or clients let the police officer trample on their rights or did things that harmed their rights! We have also had our negotiations with prosecutors made much more difficult because a minor child was not polite and mouthed off to the officer. 

How a Minor Stopped By School Authority Should Act

Any minor that is on school property or attending a school does not have as many rights as they do when they interact with police outside of school. The school’s biggest responsibility is to keep their students safe. Every school district has their own code of conduct. Every school has their own procedures for violations of the school code.  A minor needs to know that:

  1. The minor has the right to ask for the presence of your lawyer, legal representative or parents before they answer questions. 
  2. School law enforcement or security can search the minor’s locker or their car while on school property. Many schools also are allowed to examine bags and other items that are brought onto school property. 

Every parent should prepare their young minor child on how to deal with police or school security without giving up their rights.  Any parent or minor who wonders what rights to minors have should call Shawn today at 616-438-6719. Shawn and his team of lawyers will be happy to answer your questions regarding what rights minors have. 

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