Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Do You Know What a Juvenile's Rights Are if They Are Accused of a Crime?

You need to know what constitutional rights your child has and does not have if they are facing criminal charges. Keep reading to get the facts. Then contact a juvenile crimes attorney to request a free legal consultation by reaching out to Law Office of Michael L. Fell at (949) 585-9055.

Many of the same due process protections apply to minors as they do to adults

Juvenile have these and other rights:

  • The right to remain silent. Everyone has the right, guaranteed by the Constitution, to stay silent when being questioned by the authorities. Regardless of whether they have been formally taken into custody, minors may exercise this privilege.
  • Right to counsel: All young offenders are entitled to the presence of a lawyer both during police interrogation and throughout all juvenile court proceedings.
  • Right to prior notice: When criminal charges are brought against a minor, they are entitled to get advance notice. All of the precise accusations they are facing must be disclosed to them.
  • Rights concerning evidence and testimony: Anyone charged with a crime, even a minor, has the right to cross-examine any witnesses who provide testimony or make remarks against them. Juveniles also have the right to provide evidence in their own defense, including by subpoenaing witnesses and producing physical proof. When their testimony would go against their right to protection from self-incrimination under the Constitution, juveniles cannot be forced to testify at their own hearings.
  • Right to refuse illegal evidence: Law enforcement personnel looking into suspected crimes against minors and adults occasionally expose them to unlawful methods. Examples consist of carrying out a search without a warrant, obtaining information not allowed by the warrant, detaining people without a good reason, and coercing confessions. Any evidence collected illegally may be dismissed from the prosecution's case against a minor.
  • Right to be presumed innocent: Just like in adult criminal court, the burden of proving a juvenile's guilt rests with the prosecution. The kid must be assumed innocent if this cannot be demonstrated.

There are some rights juveniles do not have.

Juveniles DO NOT have the right to a jury trial because it would not be proper for a kid to stand trial before a jury of their peers. Juvenile matters are thus heard before and resolved by judges rather than by juries.

According to the Constitution, juveniles are not entitled to bail. It is completely up to the court to decide whether to keep a youngster in jail while they wait to go to trial. However, minors may be turned over to their parents' care prior to a hearing. This frequently occurs in situations involving non-violent or truancy-related infractions.

Want assistance with a juvenile case?

You can seek urgent counsel from the Law Offices of Michael L. Fell if your kid has been charged with a felony. After serving as a Supervising Prosecutor in Orange County's Juvenile Court for many years, Attorney Fell is now a juvenile defense lawyer. He is aware of your child's rights, and he will choose the best defense plan for the circumstances of the case.

Attorney Fell is an expert in devising innovative sentences that will lessen the negative effects of interacting with the criminal justice system on your child's future. To schedule a free consultation with Law Office of Michael L. Fell, contact us at (949) 585-9055 right away.