Juveniles face unique challenges when they come into contact with the criminal justice system, especially regarding their rights. One crucial question is whether and when minors are entitled to Miranda warnings. While many adults may have heard the famous Miranda rights read aloud in TV shows, the implications of these rights are far more complex for young defendants.
If your child is facing criminal charges, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
What Are Miranda Rights?
Miranda rights protect individuals taken into custody, ensuring they are informed of their constitutional rights before police questioning. This includes the right to remain silent and the right to an attorney. These rights originated from the landmark 1966 Supreme Court case Miranda v. Arizona, which established that any statements made by a defendant who was not informed of their rights could not be used against them in court.
For juveniles, understanding these rights is even more critical, as they may not fully comprehend the legal consequences of their actions or decisions.
The Role of Senate Bill 395 in Protecting Juvenile Defendants
California recognized the need for additional protections for minors, especially when it comes to Miranda rights. In response, the state enacted Senate Bill 395 (SB 395) in 2017, which added another layer of protection for young defendants.
Under SB 395, juveniles aged 15 and younger must consult with an attorney before waiving their Miranda rights. This consultation can occur in person, over the phone, or via video. The goal is to ensure that minors fully understand their rights before being interrogated by law enforcement. Importantly, this law acknowledges the vulnerability of young people when interacting with the justice system and aims to prevent false confessions or uninformed waivers of rights.
Why Are Additional Protections Necessary?
Studies show that minors often lack the cognitive maturity to fully grasp the consequences of waiving their rights. Children and teenagers are more susceptible to police pressure and may confess to crimes they did not commit simply because they are confused or intimidated.
Without a clear understanding of their legal rights, minors are at a higher risk of making poor decisions during police interrogations. Senate Bill 395 provides a safeguard to help ensure that minors are treated fairly in these high-stress situations.
How Does SB 395 Impact Juvenile Interrogations?
Before SB 395, minors could waive their Miranda rights without fully understanding the implications. Now, juveniles 15 years or younger must consult with an attorney before deciding whether to waive their rights. This consultation ensures they are informed of the potential consequences and better prepared to make informed decisions.
When determining the admissibility of a juvenile’s statement, courts must now consider whether law enforcement complied with SB 395. This additional protection helps to ensure that minors’ rights are upheld during the criminal process.
What Should Parents Do if Their Child Is Taken Into Custody?
Parents may not be immediately notified when their child is taken into custody, leaving minors vulnerable to police questioning without the support of a guardian. However, under SB 395, minors 15 and younger are entitled to legal counsel before waiving their rights, providing an essential protection in the absence of parental guidance.
If your child is facing criminal charges, it’s essential to contact an experienced juvenile defense attorney. Chambers Law Firm is well-versed in juvenile law and understands the nuances of SB 395. We will fight to protect your child’s rights and ensure they are treated fairly throughout the legal process. Contact Chambers Law Firm at 714-760-4088 for a consultation today.
