If your child is faced with a crime and is suddenly in the custody of the police, make sure you and your child know your rights. Just like an adult facing serious charges, a child has rights as well. It is in your best interest to familiarize yourself with law and make diligent efforts to ensure that the police and prosecutors are treating your son or daughter justly.
In the state of California, when a police officer takes your child to a probation officer at juvenile hall, that officer has a duty to notify the child's parent or guardian.
Your child has a juvenile right to make two phone calls. One to their parent or guardian, a responsible relative, or their employer.
Your child also has a right to make a second call to an attorney.
Your child also has a right to make a second call to an attorney.
By law, your child has a juvenile right to make the calls at public expense if the call is local and made in the presence of a public officer or employee. Any public employee who willfully deprives your child of this right is guilty of a misdemeanor pursuant to WIC 627.
Whenever your child is taken before a probation officer, he or she is required to inform your child and his or her parent or guardian that anything your child says can be used against him/her and that your child has a right to remain silent, have a counsel present during interrogation, and inform the child that he (or she) has a right to have an appointed counsel if your child cannot afford an attorney.
Knowing your rights can be the difference between a life saved and a life wasted. If you or someone you know has a child facing criminal charges, contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 for more detailed information pertaining to your California juvenile case.
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