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Other than supplying a lawful name, address and date of birth, a minor does not have to say anything further to the police. This is however, a sensitive matter and if a juvenile has not done anything wrong and is merely being asked a simple question by a police officer, not reacting may insinuate guilt of something.
→ Read MoreA juvenile is not guaranteed confidentiality if he or she talks to a juvenile hall employee or a juvenile probation officer. There may be an exception if the juvenile spoke to a mental health counselor in a juvenile hall or juvenile probation office. Click this link for details.
→ Read MoreAs a juvenile, whether or not you are entitled to have a parent present when questioned by the police may depend on the state in which you were arrested. The Fifth Amendment privilege against self-incrimination does apply to juvenile criminal court proceedings. Statements made by a juvenile while in custody would not be admissible evidence unless they were made voluntarily.
→ Read MoreEven though a juvenile defendant does not have a right to a jury trial and the consequences of being convicted are less severe than they would be if their case were tried in adult court, any charge against a juvenlie is still a crime. As this is the case, the judge who presides at trial must find that a juvenile defendant is guilty beyond a reasonable doubt to convict him of the crime.
→ Read MoreSchool employees are not required to read a juvenile or adult Miranda Rights. They are not law enforcement officers. However, school employees are not supposed to lie to a juvenile or adult about the consequences of making an incriminating statement. School employees may be disciplined by their employer for lying. Providing no information about Miranda Rights, however, or the consequences of making an incriminating statement, does not constitute a lie.
→ Read MoreIn many cases, a judge may sentence a juvenile alleged to have committed an act of juvenile delinquency to juvenile probation or community service rather than detention. A juvenile who is interested in being placed on juvenile probation and doing community service should voice their interest in these options in juvenile court before being sentenced.
→ Read MoreJuveniles, generally defined as young people between the ages of 10 and 17, possess Miranda warnings in juvenile delinquency cases. Prosecutors cannot ask the court to admit evidence which includes statements made by a juvenile in custody if the juvenile was not read Miranda warnings.
→ Read MoreJuveniles are generally defined as persons under the age of 18 and above the age of 10. An individual’s age is usually established by testimony or a birth certificate. Each state and the federal government have unique laws defining the beginning and end age of juveniles.
→ Read MoreA juvenile may be released from a secure detention facility or jail before a prosecutor files charges against them in juvenile court. A judge may release a juvenile in a variety of ways.
→ Read MoreIn most jurisdictions, the two ways in which a juvenile case can be tried in adult court are through the certification process (also known as the waiver or fitness process) or through automatic transfer. Based on factors ranging from the seriousness of the current charges to the juvenile’s age, if the judge decides there is probable cause justifying the district attorney’s request, the case will be transferred from juvenile court to adult court.
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