| When a juvenile is arrested they are entitled to many of the same rights that an adult is entitled to upon arrest.
Juvenile Stopped by Police Officers
As with an adult, if the juvenile is stopped by police officers he is not required to speak to the officers. The only thing that the juvenile is required to divulge to the officers is his name, address, and date of birth. The officers may have the right to search the juvenile depending upon the applicable laws of the state. The juvenile probably has the right to consent or not consent to a search but a search may be lawful on other grounds such as a search incident to a lawful arrest.
Miranda Warnings
The juvenile is entitled to be read his Miranda warnings prior to questioning. However, as with an adult, an officer is not required to automatically give Miranda warnings upon arrest. The only time that Miranda warnings are required is when custodial interrogation is about to take place. If a custodial interrogation occurs without the giving of Miranda warnings, then the court may exclude any statements made by the juvenile. If the juvenile invokes his Miranda rights the officer must stop questioning the juvenile until his attorney is present. Miranda warnings are only required to be given by officers and not by school officials. If the school principal sought to question the juvenile, the school principal is not required to give him his Miranda warnings.
Juvenile Questioning
As stated above, if the officer wants to ask the juvenile questions in a custodial interrogation setting, then he must read the juvenile his Miranda warnings. The officer is not required to inform the juvenile that he has the right to contact his parents prior to questioning. The juvenile can demand that he be allowed to call his parents and have them present during questioning though.
Post-Arrest Procedure
The post-arrest procedure of the juvenile differs from state to state. Typically, the prosecutor is required to file a petition charging the juvenile with an offense within 48 hours after the arrest occurred. The juvenile's first hearing is typically the next day thereafter.
The issue of bail need not be determined because bail is not available for the release of the juvenile. The juvenile will be given a date to appear at his next proceeding, which differs from state to state. A plea bargain may be entered into with a prosecutor or the defendant may have a trial. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |