Los Angeles County Juvenile Defense | Law Offices of Jerod Gunsberg

If your child is being investigated for a crime in Los Angeles or anywhere in California, he or she should not speak with the police until you contact a qualified Los Angeles juvenile defense attorney.

Here are some common situations in which your child may be questioned by police and the applicable rules.

If Your Child Has Been Arrested in California

Within one hour of being arrested, your child has the right to make two phone calls:  One call to a parent, guardian, employer or other responsible adult and one call to an attorney.  If you receive this call from your child, no matter how angry you may be, advise your child to not make any statements to the police.

If your child is arrested or otherwise in custody, the police must advise your child of his/her Miranda rights (right to remain silent, warning that all statements will be used against your child, right to an attorney).  However, the police are not required to advise your child of their right to have a parent present during questioning.  Your child should ask police that a parent be present during questioning.  Also, a child asking for a parent is not an invocation of Miranda rights.  Your child must specifically say that he or she is not going to answer questions or wants an attorney present.

Under California Law, Police May Not Be Required To Inform Your Child That A Parent Is Available

What happens if a child has not requested the presence of a parent for questioning, but a parent is available and wants to be there?  Under California law, the police may not be required to inform the child of a parent’s availability unless the child has requested the presence of a parent.

In other words, if a child does not ask for his mom to be present at questioning but mom wants to be there.  Depending on the circumstances, the police may not be required to tell the child that you are available.

If, as a parent, you find yourself in this situation, it is important to contact a qualified juvenile attorney immediately. You also need to write down the names of the police officers you’ve spoken to, the times you spoke to them and a summary of the conversation.

Statement to a Probation Officer

If your child is to be detained at juvenile hall, he or she will be interviewed by a probation officer. The probation officer is also required to advise your child of his or her Miranda rights.  While statements made to a probation officer cannot be used against your child to prove guilt, they can be used against him or her in other ways that may negatively impact his case. Your child should not discuss the facts of his or her case with a probation officer until first consulting with a qualified juvenile defense attorney.
Police Tactics In Interrogating A Minor

The police are allowed to deceive a child when questioning him or her.  They are allowed to imply that there will be some benefit to a child confessing to a crime by telling him or her to “help yourself” by confessing or that it’s “your last chance to tell us your side of the story.”  The police are also allowed to tell a child that “the victim has already identified you” as the perpetrator of the crime or that “your friends already told us you did it.”

The police can also tell you “that they’ll talk to the prosecutor to give your case special attention because you told the truth.”  DO NOT FALL FOR ANY OF THESE TRICKS. Once again, your child should not make any statements to the police without first consulting a qualified juvenile defense attorney.

If Your Child Has Not Been Arrested

If your child has not been arrested, the police are allowed to question your child without reading the Miranda warning. If your child has not been arrested, your child has no right to have a parent present at questioning.

If your child has not been arrested, the police may pull your child out of class at school to talk to him or stop him on the street.  The police may be very friendly and tell your child that they “just want to hear your side of the story.”  Once again, your child should NOT talk to the police.  Your child should ask if he is free to leave, and if the police officer says “yes” then your child should politely excuse himself and immediately contact a parent or an attorney.  Remember anything your child says CAN and WILL be used against him or her, even if they are not under arrest or read their Miranda warnings.

This is why it is important that your child not discuss criminal activity with ANYONE until after speaking with an attorney. This means no statements about criminal activity to school teachers, no statements to school administrators, no statements to friends, no statements to ANYONE until after speaking with an attorney.

While there are many procedural differences between Los Angeles County adult and juvenile court, these are perhaps the ones that people most frequently need to know when dealing with a Los Angeles County Juvenile case.

Different Terminology. In adult court the child is not called a “Defendant” he or she is called a “Minor.” The document listing the charges against a child is called a “Petition” rather than a “Complaint.” There are no “Trials” instead there are “Jurisdictional Hearings” or “Adjudications.” What is known as a “Sentencing Hearing” in adult court is a “Disposition Hearing” in juvenile court. Many of the procedures are the same but some key differences.

There are no jury trials in juvenile court. In adult court criminal defendants have an absolute right to a trial by jury, no such right exists in juvenile court. If you decide to take your case to trial (which is called an “adjudication” in juvenile court), your case will be heard by a judge or a bench officer who performs duties similar to a judge.

There is no right to bail in juvenile court. If your child is detained in juvenile hall, you cannot post a bail to get him or her out. The court will decide whether or not your child should be released. See the article about detention hearings here.

Parents and Guardians are questioned by the court during hearings.  It is standard practice in juvenile courts for the judge or bench officer to ask parents or guardians questions about their child’s behavior. The response of the parents/guardians may determine what role the judge plays when the court decides how to handle a certain case.

Juvenile Court hearings are closed to the public. With the exception of court proceedings in serious and violent offenses (“strike” offenses), juvenile court hearings are closed to the public. This means that the general public is not allowed inside a juvenile court. Of course, family members are permitted in court during your or your child’s case.

Probationary Sentences.  There are limited amount of options for juvenile court judges.  For more information read the article on Juvenile Court Dispositions.