Juvenile Investigations: What to Know About Cops Questioning Your Child

Published: 10 May 2017 | 4:22PM

Parents of children facing investigation or charges under the Kansas juvenile justice code frequently ask us, “Are officers allowed to talk to my child without me present?” The answer is yes.

K.S.A. 38-2333 provides a practical limitation on questioning juveniles by making confessions and admissions inadmissible in evidence if the child is under the age of 14 and parents and/or the child’s attorney were not consulted first. But K.S.A. 38-2333 only applies when the confession or admission results from a custodial interrogation. And such consultation is not a prerequisite to admissibility of statements obtained from juveniles 14 and older.

The inevitable follow-up question is almost always, “The officer showed up at my child’s school and questioned him there; is he allowed to do that?” The answer to that question is also yes.

Another situation that comes up frequently in juvenile cases is a juvenile having his or her locker searched without his or her consent. The right to privacy inside of schools is very limited. If an administrator or an employee at the school has reasonable suspicion, the juvenile’s locker can be searched without consent. It has been ruled that the school’s interest in maintaining order and discipline outweighs the expectation of privacy that a juvenile has while attending school.

It is something that you hope you and your family will never experience, but it is important to educate juveniles about what they should do if an officer questions them regarding a violation of the criminal code or juvenile justice code. It is almost always in a child’s best interest to politely request to speak to an attorney before answering any questions. And it is important that the child know to do this before he or she is put into that situation.

It is never too early to contact an attorney. Representation during an investigation can be crucial. An attorney can contact the officers trying to question the child or the District Attorney’s office to discuss any possible charges. An attorney can also offer advice regarding how to proceed in the event that an officer shows up to ask your child questions.

Joseph, Hollander & Craft’s criminal defense attorneys have extensive experience defending juveniles subject to the juvenile justice code If you or your loved one is facing a juvenile adjudication or investigation of a juvenile offense, contact the experienced defense attorneys at Joseph, Hollander & Craft. With attorneys in Wichita (316-262-939), Topeka (785-234-3272), Lawrence (785-856-0143), and Overland Park (913-948-9490), we serve clients from the Oklahoma border to the Kansas City area.

Our Locations

Kansas City | 816-673-3900

926 Cherry St
Kansas City, MO 64106
VISIT SITE

Lawrence | 785-856-0143

5200 Bob Billings Pkwy, #201
Lawrence, KS 66049
VISIT SITE

Overland Park | 913-948-9490

10104 W 105th St
Overland Park, KS 66212
VISIT SITE

Topeka | 785-234-3272

1508 SW Topeka Blvd
Topeka, KS 66612
VISIT SITE

Wichita | 316-262-9393

500 N Market St
Wichita, KS 67214
VISIT SITE

Contact Joseph, Hollander & Craft LLC

Contact Joseph, Hollander & Craft to discuss how our team of attorneys can help you.

Hidden
This field is for validation purposes and should be left unchanged.