Do Kids Have Miranda Rights?

Do kids have Miranda rights? This is a question that often arises in cases involving juvenile offenders. It is natural to have concerns about the rights and protections afforded to our children when they find themselves caught up in the criminal justice system.

At the Law Office of Katie Walsh, we understand the importance of ensuring that children are treated fairly and that their legal rights are upheld. If your child is facing charges and you have questions or concerns about their rights, do not hesitate to reach out to consult with an experienced Orange County juvenile defense lawyer. We are here to protect your child’s rights and fight for their best interests.

California’s Miranda Protections for Youth Law (SB 203)

California has implemented specific legislation to protect the rights of youth involved in the criminal justice system. Senate Bill 203, also known as the Miranda Protections for Youth Law, introduces new requirements for law enforcement regarding youth under 18 years old.

Under this law, youth must consult with legal counsel before a custodial interrogation and waiving their Miranda rights. It is important to note that the consultation with an attorney cannot be waived and must occur before any questioning takes place.

Law enforcement is also required to determine the age of the youth before proceeding with the interrogation. If the youth is determined to be under 18 years old, the county’s Public Defender office or public defense provider must be contacted to ensure the youth has the opportunity to speak to an attorney.

The consultation with the attorney can take place in person, via telephone, or video conference, and must be private. It is prohibited to record the consultation in order to protect the privacy and confidentiality of the conversation.

If, after consulting with an attorney, the youth invokes their Miranda right to remain silent, questioning must be refrained from. These requirements apply to all settings, including school campuses, ensuring that youth are protected regardless of where they are being questioned.

What if Your Child’s Rights Were Violated?

When law enforcement fails to properly follow Miranda requirements during juvenile questioning, it’s may be possible to have the youth’s statements excluded from court. In cases where evidence is suppressed, a defense attorney may be able to get the charges against your child dropped or significantly reduced.

Through strategic motions and aggressive advocacy, a knowledgeable defense lawyer can identify Miranda violations, challenge the admissibility of statements, and fight to have improperly obtained evidence thrown out. The earlier you involve an attorney, the better positioned they’ll be to document violations and build a strong case for suppression.

How a Lawyer Can Help

Navigating the criminal justice system can be overwhelming, especially when it involves your own child. By hiring an Orange County juvenile defense lawyer, you can benefit from their experience and guidance throughout the legal process.

A skilled attorney will thoroughly investigate the circumstances surrounding your child’s arrest, examining factors such as the validity of evidence, the conduct of law enforcement, and the adherence to legal procedures. They will provide you with a clear understanding of your child’s rights and explain the available options for their defense.

Your lawyer will strategize and develop a strong defense strategy tailored to your child’s specific case. They will advocate for your child’s rights, negotiate with prosecutors, and, if necessary, represent them in court.

Additionally, a lawyer can help guide you through the emotional and logistical challenges that arise when your child is facing criminal charges. They can provide support, answer your questions, and ensure that you are informed and involved in the legal process.

Remember, the well-being and future of your child are at stake. By enlisting the services of an experienced Orange County juvenile defense lawyer, you can have peace of mind knowing that you are doing everything possible to protect your child’s rights and secure their future.

Orange County Juvenile Defense Lawyer

If your child is facing criminal charges in Orange County, it is crucial to seek the assistance of a compassionate and skilled attorney. At the Law Office of Katie Walsh, we are dedicated to defending the rights of children and ensuring their fair treatment in the criminal justice system.

Our experienced team understands the challenges that both children and their parents face during this difficult time. We are here to provide guidance, support, and effective legal representation to protect the rights and best interests of your child.

Call us today at (714) 351-0178 or contact us online to schedule a consultation and learn how we can help you and your child navigate the legal process with confidence. Your child’s future is our priority, and we are committed to fighting for their rights and securing the best possible outcome for their case.