A 2018 law ensures that juveniles understand their rights.
Most Americans are at least somewhat familiar with Miranda rights, likely from television crime shows: “You have the right to remain silent. Anything you do say can and will be used against you….” Yet despite this knowledge, many Americans may not fully understand our rights under the law. So how can we expect juveniles to know better?
Miranda rights are the constitutional rights that each of us have as Americans in criminal cases — specifically, when it comes to being arrested, the right to remain silent, the right against self-incrimination, and the right to an attorney. These rights are named after a 1966 United States Supreme Court case, Miranda v. Arizona, where the Court found that a confession obtained from a suspect who was not advised of these rights violated the Fifth and Sixth Amendments of the Constitution. As a result, police departments across the country began issuing what became known as Miranda warnings, to ensure that any statements or confessions made by suspects would be admissible in court.
In California, the police are allowed to take minors into temporary custody if they have reasonable cause to believe that the minor committed a crime or violated a juvenile court order. Police are required to advise the minor of his or her Miranda rights when they take him or her into custody. They are not required to inform parents that they are questioning their child. They can then use interrogation tactics to question the minor.
According to studies, minors 15 years and younger do not have the ability to fully understand how their choices could negatively impact them. They also have little understanding of the criminal justice system, and an inability to fully understand their Miranda rights. Given these realities, the California Legislature took action in 2017 to protect minors suspected of crimes from being given Miranda warnings that may have held up in court — but were virtually meaningless.
Away from their parents and without a full understanding of their rights, minors are often susceptible to pressure tactics used by the police. They may be more inclined to confess to crimes that they didn’t commit. That makes it all the more important that they have protections such as Senate Bill 395. Under SB 395, any person aged 15 years or younger who is taken into custody by the police must be given a consultation with an attorney prior to being asked to waive his or her Miranda rights. This consultation can happen in person, over the phone or by video conference. This can help to ensure that minors have a better understanding of their rights before being interrogated. Courts must then consider whether law enforcement complied with SB 395 when determining whether a minor’s statement is admissible in court. The law was signed in 2017, and went into effect on January 1, 2018.
As parents, we all want to do what is best for our children. This includes hiring high quality Los Angeles criminal defense attorney to represent them if they are charged with a criminal offense. The Chambers Law Firm understands the intricacies of juvenile law, including the new requirements of SB 395. We will fight for your child’s rights, including ensuring that the police allowed him or her to consult with a lawyer before waiving Miranda rights. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a Los Angeles criminal defense attorney.
