Juvenile Child Rights
Your child has very similar rights as adults with some exceptions. Your
child has to obey his or her parents, attend school, and obey all laws. Your
child is not entitled to bail or a jury trial. All trials are done
by a juvenile judge acting in the role of jurors. If your child is
taken into temporary custody by a police officer, there are four options
that can be done by law enforcement:
1. Release your child
2. Deliver your child to a public or private shelter.
3. Prepare a written notice to appear.
4. Take your child to a probation officer.
Phone Calls
When a police officer takes your child to a probation
officer at juvenile hall, that officer has a duty to notify your child’s
parent or guardian.
Two Phone Calls
1. Your child is entitled to two phone calls. One to his parent or
guardian, a responsible relative or his employer.
2. The second call to an attorney.
The Law Offices of Stephen H. Kim accepts collect calls from jail or juvenile
hall. However, by law, the calls shall be a public expense if the call
is local and made in the presence of a public office 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, and have a counsel
present during interrogation, and inform the child that he has a right to
have an appointed counsel if your child cannot afford an attorney.
It is critical to have privately retained competent counsel at the early stages of proceedings prior to the arraignment. An appointed counsel cannot do anything for your child until he or she has been appointed by the court. This court appointment occurs after charges have already been filed.
