If your child is being investigated for a crime in Santa Rosa, San Rafael, Petaluma, Novato, Rohnert Park, Windsor, Corte Madera, Healdsburg, Mill Valley or anywhere in the North Bay he or she should not speak with the police until you contact a qualified juvenile defense attorney.
Here are some common scenarios in which your child may be questioned by law enforcement and here are the applicable rules:
IF YOUR CHILD HAS BEEN ARRESTED IN CALIFORNIA
Within one hour of being arrested, your child has the right to make two phone calls: One call to a parent, guardian, employer or other responsible adult and one call to an attorney. If you receive this call from your child, no matter how upset or angry you may be, make sure to tell your child not to make any statements to the police.
If your child is arrested or otherwise in custody, the police must advise your child of his/her Miranda rights (right to remain silent, warning that all statements will be used against your child, right to an attorney). However, the police are not required to advise your child of their right to have a parent present during questioning. You should instruct your child to demand that a parent be present during any questioning and that applies to School administrators who often work in tandem with the police. Also, a child asking for a parent is not an invocation of Miranda rights. Your child must specifically say that he or she is not going to answer questions or wants an attorney present.
UNDER CALIFORNIA LAW, POLICE MAY NOT BE REQUIRED TO INFORM THE CHILD OF A RIGHT TO HAVING A PARENT PRESENT DURING QUESTIONING
What happens if a child has not requested the presence of a parent for questioning, but a parent is available and wants to be there? Under California law, the police may not be required to inform the child of a parent’s availability unless the child has requested the presence of a parent. So again instruct your child to demand that his or her parent be present.
In other words, if a child does not ask for his/ her mother or father to be present at questioning but anyone of the parents wants to be there then— Depending on the circumstances, the police may not be required to tell the child that you are available.
If, as a parent, you find yourself in this situation, it is important to contact a qualified juvenile attorney immediately. We also strongly advise you to write down (record) the names of the police officers (try to get a badge number too) to whom you have spoken, document the times and date(s) that you have spoken to them and provide your attorney a summary of the conversation.
STATEMENTS TO A PROBATION OFFICER
If your child is detained at juvenile hall, he or she will be interviewed by a probation officer. The probation officer is also required to advise your child of his or her Miranda rights. While statements made to a probation officer cannot be used against your child to prove guilt, they can and more than likely will be used against him or her in other ways that may negatively impact his case. For example the probation officer may use that interview to write a negative detention recommendation keeping your child incarcerated! Your child should not discuss the facts of his or her case with a probation officer until after consulting with a qualified juvenile defense attorney.
POLICE TACTICS IN INTERROGATING A MINOR
The police are allowed to deceive a child when questioning him or her. They are allowed to imply that there will be some benefit to a child confessing to a crime by telling him or her to “help yourself” by confessing or that it’s “your last chance to tell us your side of the story.” The police are also allowed to tell a child that, “the victim has already identified you” as the perpetrator of the crime or that “your friends already told us you did it.” Sometimes the guilt trip is played, when your child may be told—“the judge will go easier on you if confess now,” but if that does not work cops love to escalate the rhetoric with things like—“man-up,” or you “scum bag, piece of shit,” which recently happened to one of our firm’s clients when the 17 year old male lawyered-up right away which frustrated them!
The police can also tell you “that they’ll talk to the prosecutor to give your case special attention or leniency because you told the truth.” DO NOT FALL FOR ANY OF THESE TRICKS and TRAPS! Once again, your child should not make any statements to the police without first consulting with a qualified juvenile defense attorney.
IF YOUR CHILD HAS NOT BEEN ARRESTED
If your child has not been arrested, the police are allowed to question your child without reading the Miranda warning. If your child has not been arrested, your child has no right to have a parent present at questioning.
If your child has not been arrested, the police may pull your child out of the classroom at school to “talk” to him or her or stop him or her on the street. The police will more than likely act friendly and tell your child that they “just want to hear your side of the story.” Once again, your child should NOT talk to the police. Your child should ask if he/ she is free to leave. If the police officer says “yes” then your child should politely excuse himself or herself and immediately contact a parent or an attorney. Remember anything your child says CAN and WILL be used against him or her, even if they are not under arrest or read their Miranda warnings.
This is why it is so important that your child never discuss criminal activity with ANYONE until after speaking with a qualified and very experienced Juvenile Defense Attorney. This means no statements about criminal activity or wrong-doing to school teachers, or school counselors or coaches– no statements to school administrators–no statements to friends–no statements to ANYONE until after speaking with an experienced and highly qualified Juvenile Defense Attorney.
For more info on Juvenile Law, Please visit our dedicated webpage HERE
Your Child Has Just Been Arrested, Now What?
