Advisement of Rights to Minors

Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules developed for adult arrestees that requires a Miranda type admonishment for minors whenever they are taken into custody even if they are not questioned. Under California law the failure to comply with the statutory requirements applicable to juvenile arrests does not affect admissibiity of the arrestee's statement absent a due process violation. A minor may validly waive his Miranda rights. The same tests applies to a minor as applies to an adult to determine whether the minor has waived the Fifth Amendment privilege The court must inquire into the totality of the circumstances surrounding the interrogation The test is whether under all the circumstances including age, experience, background, intelligence and education, the minor had the capacity to understand the warnings. Age and inexperience with law enforcement are not factors in determining whether a suspect is in custody for Miranda purposes. There is no requirement that the police obtain a parent's consent before interrogating a minor. There is no requiremet that the police advise a minor of his right to speak with a parent. A juvenile tried as an adult may be impeached with statements made to a probation officer while being interviewd for a fitness hearing. If you are arrested or charged with a crime, contact Christine McGuire, a Santa Cruz, San Jose, Monterey criminall defense attorney.