If a juvenile is arrested by the police, do they have the same rights as adults or do they get special rights or treatment due to their youth? Continue reading to find out.

Minors Have the Same Rights as Adult Suspects

Generally speaking, minors who are arrested for a crime have the same basic rights as adult criminal suspects, including Miranda rights. Miranda rights include:

• The right to remain silent (anything a suspect says may be used against them in court)
• The right to legal counsel, including the right to speak to counsel prior to questioning or to have counsel present during questioning
• The right to appointed counsel if a suspect cannot afford to hire private counsel.

Miranda rights only apply when a person is subject to custodial interrogation, which involves any situation where a person reasonably believes they are not free to leave the presence of law enforcement, and where they are asked questions intended to elicit incriminating responses. Police can ask questions of anyone, including juveniles, without providing a Miranda warning so long as the interrogee reasonably believes they may walk away from the police without consequence.

Can Minors Waive Their Rights?

Like adults, minors can waive their Miranda rights. However, for a Miranda waiver to be valid, the waiver must be intelligent (it is the product of a reasoned choice), knowing (the person realizes they are waiving their rights), and voluntary (the waiver is not coerced or obtained through duress). A waiver may be found to have been involuntary if police inflict harm or threaten harm, threaten to arrest friends or family members, promise more lenient sentences in exchange for a confession, or deny a juvenile’s request to speak to an attorney. 

However, a police interrogation may proceed even in the absence of a Miranda warning, if the juvenile lacks the ability to intelligently and knowingly waive their rights, so long as questioning observes fundamental fairness in light of the juvenile’s youth. 

Do Minors Have the Right to Have Their Parents Present During Questioning?

The presence of parents or guardians is not absolutely required to conduct an interrogation of a juvenile. A juvenile’s statements may be admitted if they were made outside the presence of their parent or guardian, especially if the juvenile was represented by legal counsel. But law enforcement in New Jersey are instructed to make all reasonable efforts to locate and contact a juvenile suspect’s parents or guardians prior to questioning a juvenile. However, police are not required to undertake extraordinary efforts (only reasonable efforts) to locate a juvenile’s parents or guardians if the juvenile refuses to divulge the juvenile’s identity or the identity or contact information of their parents or guardians. 

Ideally, a parent or guardian who can be located and brought to a juvenile’s questioning should be allowed to be present during questioning. Before questioning a juvenile in the presence of their parent or guardian, police should obtain a signed Miranda waiver form from both the juvenile and their parent or guardian. However, “private” conversations between parents or guardians and their children in police facilities are not actually private; anything that is said can be used against the juvenile. Police interrogation rooms have recording equipment that is only required to be turned off when a person consults with their attorney.

Contact an Experienced Marlton Criminal Defense Lawyer About Your Juvenile Charges in New Jersey

Were you arrested or charged with juvenile offenses in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The Law Office of John B. Brennan has successfully represented clients charged with juvenile offenses in Mount Holly, Mount Laurel, Pemberton, Cherry Hill, and throughout New Jersey. Call (856) 988-5443 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 10,000 Lincoln Dr. East, Suite 201, Marlton, NJ 08053.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.