My 17 year old niece was arrested and questioned for no reason... what can we do??

Question

My 17 year old niece saw a bicycle outside her doorstep and moved it from her doorway. Apparently, the cops were watching it because she was immediately arrested and detained for over 7 hours. They badgered and questioned her for hours with no guardian or legal representation present. What is the law on questioning a minor in Raleigh, NC and how can we fight this?

Answer 1

the police did everything legal.

Her "story" is she was moving it, I bet the truth is closer to they caught her stealing it.

Expect her to be charged in the next few days and taken to jail.

Answer 2

Wow I don't believe this for a second.  Even if the officers did detain someone for moving a bicycle,which makes absolutly no sense, no way they would waste 7 hours of their time "badgering" your niece about moving a bicycle.  A much more likely scenario is that your niece lied to you about what actually happened.

Answer 3

BS!

Answer 4

there seems to me a lack of important information here. First of all, when she moved the bike, did she jump on it and start riding it, or did she push it a few feet out of the way?

In most states (including NC) you dont have to have a guardian present to be questioned by the police. If they take her to jail, book her, and press charges, she is allowed to have guardian support as well as a private or court appointed attorney. The police sometimes do set-ups in a high crime area if there is a suspected thief and a string of previous thefts in the area. If your niece did nothing wrong, and the police acted in a legal manner (which from the information you provided they did) then there is nothing to worry about and nothing to fight.  

Answer 5

ey can interogate anyone with out an attorney or guardian as long as they want to with out detaining for more then 24 hours. if she was not under arrest she does not ge a marranda and there fore it is up to her to ask for a lawyer. they are 100% with in the law

Answer 6

Sounds fishy to me.

Your niece left out a lot of information. The police are not going to risk a lawsuit against them for her moving a bike way from her doorstep.

Answer 7

It's not legally required for a minor to have legal guardian with them.  It should be, but it isn't.  Was she actually charged?  If so, she has the right to a court appointed attorney.

Edit: The police did have good reason to question her.  The bike was probably reported stolen, and they found it on her doorstep, with her moving it.  She may not have stolen it, but they had good reason to question her.

Edit: Yeah, I kind of have to agree with the third poster.  Chances are the actual owner of the bike knew who took it, which is why police knew where to look.

Answer 8

Your question leaves a lot of information out. Is her doorstep a private residence, or an apartment complex? Why was she compelled to move the bike? Where did she move it to? Did she stop "moving" it only when confronted by the police?

If it was a multi-family dwelling, she had no business moving the bike. It is quite possible they police had several bikes stolen in that area, and set one up to attempt to catch the thieves. It is also possible they knew it was already stolen, and were sitting on it waiting for the thief to return. The correct procedure for her would have been to call the police.

As far as questioning a 17 year old, I'm not aware of any states that require a parent to be present. As far as an attorney, she should have been advised she had that right, but you do not state that in your question.

Answer 9

I'm not sure the laws for your state, but IN NYC 17 is old enough to be dealt with as an adult, and I don't believe they need parental supervision when dealing with someone of that age. As far as badgering her, that is only in court, and questioning her is only illegal if she requested legal counsel.