California police can interrogate juveniles if they suspect that they have committed a crime.
When it comes to teens and youth under the age of 18, many of us assume that they have an entirely different set of rules and rights than adults in the criminal justice system. While it is true that minors are treated differently in many respects, minors have many of the same rights as adults — and in some situations, can be treated similarly.
For example, if a sixteen year old boy is stopped because the police believe that he just bought drugs, he will have the right against self-incrimination and the right to an attorney, along with other constitutional rights. That means that if the police end up arresting the minor, the police must read him his Miranda rights. However, the police do not have to wait and ask his parents for consent before questioning him about the crime of purchasing drugs. According to a drug defense lawyer in Los Angeles, CA, California police are permitted to briefly question juveniles without their parents being present, and without their parents’ approval, if they have reasonable suspicion that the minor has violated the law.
California law only requires reasonable suspicion for the police to briefly question a minor, just like with any adult. Similarly, the police must have probable cause to arrest a minor, just as they would to arrest an adult. However, once a minor has been arrested, he or she must be read his Miranda rights, even if the police do not intend to interrogate him or her. If the police bring the minor to a juvenile hall, then they are required to read both the minor and his or her parents the Miranda rights. It is only after the minor has received his or her Miranda rights that the police can question him or her.
It is important to know that a minor has many of the same constitutional protections as adults. If a juvenile is being interrogated, he or she can stop questioning at any time, request a lawyer, or assert his or her right to silence. A confession given by minor must be voluntary to be valid, with courts looking to a number of factors to determine if the confession was truly voluntary.
Parents have no constitutional right to be present at interrogations of their children. This may be upsetting to parents, particularly if their children have requested that they be there. The best thing that you can do for your child is to make sure that he or she knows his or her constitutional rights. Let your child know that he or she can ask for a drug defense lawyer in Los Angeles, CA, that he or she has a right to remain silent, and that it is always smart to be polite and not resist.
If your child has been arrested on a drug crime or any other crime, you will need a top notch drug defense lawyer in Los Angeles, CA. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
