Legal Rights and Responsibilities

  If Arrested:

• The juvenile has the right to remain silent.
• The juvenile has the right to talk to a lawyer.  The juvenile has the right to an appointed lawyer if he or she cannot afford to hire one.  The juvenile has the right to have a lawyer present when being questioned.
• The juvenile can decide at any time to exercise these rights and not answer any questions or make any statement.
• The juvenile, if under 12 years of age, cannot waive the above legal rights.  Only the juvenile's parent of legal guardian may do so.

  If In Detention:

• The juvenile and the parent, if non-English speaking, have the right to a court appointed interpreter.
• The juvenile must be released from detention unless there is:
  • a "probable cause" determination within 48 hours of being detained,
  • information filed within 72 hours of being detained,
  • detention hearing within 72 hours of the information being filed.

  (Saturdays, Sundays, or holidays do not count as part of the 72 hours.)

  If Going to Diversion:

• The juvenile has the right to talk with a court-appointed lawyer when deciding if he or she wants to go to diversion or go to court.  If the juvenile decides to go to diversion, he or she may hire a lawyer to help work out the diversion agreement.  If choosing diversion, the juvenile does not have a right to a court-appointed lawyer.
• If the juvenile is non-English speaking, the diversion unit is responsible for providing an interpreter (if it can afford to).
• Parents may have to pay for the cost of diversion services.

 

• The juvenile and the parent have the right to notice and summons.
• The juvenile has the right to a court-appointed lawyer if he or she wants a lawyer but cannot afford one.
• The juvenile and the parents, if non-English speaking, have the right to a court-appointed interpreter.
• Parents have the right to be at all court hearings.
• Parents may have to pay for the costs of court-appointed lawyers, detention, and for the costs if the juvenile goes to a state institution.

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