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If Your Child Is Arrested, What Are Their Rights?
No matter their age, every United States citizen – and, in turn, every citizen who lives within the state of California – has certain rights that they can and should exercise in the event that they are arrested.
Going over these rights, informing your child of them, and speaking with a lawyer in the event that they are arrested will allow you to obtain the best possible legal outcome.
Read on as the California juvenile criminal defense attorney at the Law Office of Katie Walsh explains more.
If Your Child Is Arrested, What Are Their Rights?
Right after your child is arrested, the arresting officer may wish to discuss the events that led to their arrest. If this is the case, then that officer must inform your child of their Miranda rights.
Your child’s Miranda rights are as follows:
- Your child has the right to remain silent.
- Anything your child says can and will be used against them in court.
- Your child has the right to a lawyer
- If you or your child are unable to afford a lawyer, one will be appointed for them.
Every single one of these Miranda rights can and should be exercised. A failure to exercise these rights can lead to a less-than-desirable legal outcome.
Outside of the Miranda rights outlined above, there is one other fact you must be aware of: right before the police can speak with your child – assuming they are seventeen or younger – they must speak with a lawyer.
A child cannot waive the right to speak with a lawyer, and, as such, they must do so. If the police attempt to deny this right or to surpass it in any way, then they are violating your child’s rights.
If Your Child Is Arrested, What Are Your Responsibilities?
If your child is arrested, then you have several responsibilities that may need to be satisfied.
Right before we can go over those responsibilities, though, it’s important to be aware of the obligations that the police have if they arrest your child:
- The police must contact you if your child is arrested and, in turn, locked up.
- The police must inform you where, specifically, your child is.
- The police must inform you of your child’s legal rights.
Outside of the above, you, as a parent, have several responsibilities. Some of these responsibilities are as follows:
- You may need to go out and pick up your child.
- You may need to help them find a good lawyer.
- You may need to pay restitution for the crimes your child has been found guilty of.
- You may need to pay damages for the crimes your child has been found guilty of.
All of these responsibilities must be satisfied in the event that they are needed.
Just as an example, if your child is let go, then it is your responsibility to pick them up and take them home right after you speak with an officer at the station regarding your child’s arrest.
Yet another example is that if your child doesn’t know what lawyer to talk to, then it is your parental responsibility to put them in contact with a lawyer who will assist them.
Speak With An Orange County Juvenile Criminal Law Lawyer Today
No matter what, if your child is arrested, then you may speak with our Orange County juvenile criminal law lawyer at the Law Office of Katie Walsh today. By doing so, we will assist you and your child in obtaining the best possible legal outcome.
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