New California Juvenile Interrogation Law
Everyone has a right to a lawyer under the United States Constitution, even for juvenile interrogations. However, law enforcement often tries to convince suspects to waive their right to an attorney.
Your Miranda rights, named after the Supreme Court case that laid out the rules, are simple. After an arrest, you have the right to remain silent and the right to see an attorney, etc. But juveniles may be more susceptible to police pressure. Therefore, a new California law attempts to prevent interference by requiring all juveniles speak with a lawyer before allowing an interrogation.
California Juvenile’s Right To Counsel
Before the new law regarding a juvenile’s right to an attorney, only children 15 years or younger were offered additional protection from police interrogations. As of January 1, 2021, California expanded these protections to any juvenile aged 17 or below. This means that even if the person is 17 days, 11 months, and 20 days old, they must be given the same right to counsel.
Quite simply, before questioning a juvenile who is in custody, police must ensure:
- The juvenile is given the opportunity to talk to an attorney.
- The juvenile actually speaks with a lawyer before they begin an interrogation.
Law enforcement is required to follow these steps prior to any questioning of a juvenile in custody. And now, due to this updated law in California, that means any juvenile.
What Is Custody?
Police often argue that they did not have to read a person their Miranda rights because they were not in custody. Custody is a legal term that is generally based on whether you can leave or avoid questions if you want. For adults, police must give someone their Miranda warning before a custodial interrogation. This has been defined as any situation where the adult is not free to leave, whether leave means the police station, the scene of a crime, or wherever law enforcement is conducting an interrogation as part of an investigation, and the police questioning is aimed at finding something that implicates the adult in a crime.
California law provides juveniles additional rights, including expanding when they must be given Miranda rights. Juveniles must be read their Miranda rights anytime they are in custody, regardless of whether they are subject to interrogation.
These subtle differences mean all children should be treated differently by the police. Now, if a juvenile is “in custody,” they must speak with an attorney before waiving Miranda rights and participating in a police interrogation. Even if they appear older or are near their 18th birthday.
Two Exceptions to New Juvenile Interrogation Law
There are two instances in which law enforcement can question a child before they have spoken with a lawyer. These exceptions are made in the interest of public safety.
The first exception is if police believe that someone else’s life is in significant danger. The second is when the police believe the juvenile has information on the location of a weapon. Additionally, there must be a substantial likelihood that someone will get hurt unless law enforcement finds the weapon.
In those two situations, police are legally allowed to interrogate a juvenile before the child can talk with an attorney. However, law enforcement must limit their questioning. They can only ask questions that advance the goal of preventing additional harm. They cannot go on a fishing expedition just because they believe some else’s life is in danger.
If you have a juvenile loved one who the police want to question in Fountain Valley, California, Chambers Law Firm can help. We will ensure law enforcement proceeds properly and help you and your child understand their rights. Call us today at 714-760-4088 or dchambers@clfca.com to set up a free consultation.
