Protecting Your Child’s Rights During Detention and Questioning
If your child has been arrested, you may feel a wide array of emotions, including stress, depression, anger, and confusion. However you’re feeling, your immediate focus should be on helping your child. Hiring an experienced juvenile lawyer is one of the most important things you can do to support your teen after an arrest, as they can help facilitate their release, protect their rights during questioning, and protect your family from doing anything that may harm your child’s defense later on.
What Happens When a Minor Is Arrested?
Juvenile criminal offenses are handled differently than those committed by adults. Here’s how the arrest and intake process works:
The Initial Arrest
When police officers accuse a juvenile of a crime, they will typically take one of the following four actions:1
- Arrest the minor and release them to their legal guardian with no further consequences.
- Arrest the minor, release them to their legal guardian, and provide a referral to a community agency for care, shelter, or counseling.
- Arrest the minor, release them into the care of their legal guardian, and issue a Notice to Appear, requiring the teen and their parent to attend an intake meeting.
- Arrest the minor, place them in custody, and bring them to Juvenile Hall. After being placed in custody, they have the right to contact a legal guardian, a lawyer, or another relative.
The Intake
If police issue a Notice to Appear or place a juvenile in custody, they will refer the case to the probation department, which then conducts an intake meeting. During intake, a probation officer will interview the minor, talk to their parents, review the police report, check the child’s school records, and review their criminal record. There are four possible outcomes during these meetings:
- The child is released without further consequences.
- The child can participate in a voluntary program rather than being sent to court.
- The child is released, but the charges are sent to the District Attorney.
- The child is kept in custody, and the charges are sent to the District Attorney.
The Petition Filing
If the probation department recommends filing charges, they will pass their findings to the District Attorney, who will decide whether to move forward with the case based on the circumstances. If so, they will file a petition, which is similar to filing charges against an adult.
What Happens After the Intake?
After the intake assessment, the juvenile may be released, referred to a diversion or community program, or face a petition filed in juvenile court. When the District Attorney files a petition, the case will proceed through juvenile court.
Depending on the circumstances, this may include a detention hearing (similar to an arraignment), a transfer hearing in serious cases, adjudication (a juvenile version of a trial), and disposition (juvenile sentencing).
Learn more about each stage of the San Diego juvenile court process.
Can a Juvenile Be Released to Their Parents?
Yes. “In fact, most teens who are arrested in San Diego are released into their parents’ custody at some point,” says attorney Peter Liss. “In general, the only exceptions are typically juveniles who do not have a steady residence or who have been accused of serious violent or sexual offenses.”
That being said, juveniles have no right to bail, and if they are placed in custody, they must wait until they are released at one of the following stages:
- The probation officer performs an intake and determines the minor should be released.
- The District Attorney reviews the intake report and chooses not to file a petition.
- The judge reviews the intake report, petition, evidence, and arguments from the defense and prosecution and determines detention is not warranted.
While those kept in custody after the detention hearing typically cannot be released until after the adjudication hearing, California courts have a strict 15-court-day time limit for how quickly these hearings must occur. If the defense does not waive this time limit, the teen will be released if the hearing is not held during this time frame.
Where Are Juveniles Detained After Arrests in San Diego County?
Minors kept detained in San Diego are not placed in county jail with adults, and are instead held in one of two locations:
The Youth Transition Campus
(Next to the Juvenile Court)
2801 Meadow Lark Dr.
San Diego, CA 92123
or, based on the circumstances:
The East Mesa Juvenile Detention Facility
(Near the Mexican border)
446 Alta Rd.
Ste 6100
San Diego, CA 92158
A San Diego juvenile defense lawyer can play a crucial role in helping a teen get released from custody. Start working on this process as soon as possible, as just being detained can have a devastating impact on a young person’s mental state.2
Can Police Question a Juvenile Without a Parent?
Yes. Police do not need parental consent to question a juvenile.3 However, many rules govern how police question a suspect under 18, depending on whether or not the juvenile is in custody.4
Non-Custodial Interrogations
As long as a teen is not being detained and is free to leave, officers can question them without parental knowledge or consent. “In my experience, police often perform these interviews at school to avoid potential parental involvement,” says Liss.
By questioning a teen without arresting them, the police can also bypass the need to provide a minor with an attorney or read them their Miranda rights. While they have not been read their rights, minors can invoke their right to silence in these situations and ask to speak with their parents or an attorney.
Custodial Interrogations
“When a juvenile is placed in custody, their parents will be notified,” explains Liss, “but the child can still be interrogated without parental consent.”
However, under California Welfare and Institutions Code Section 625.6 (WIC), all minors under 18 are required to have a private consultation with an attorney prior to any custodial interrogation. Neither the juvenile nor their parents may waive this right, although police may occasionally bypass the consultation in exigent emergencies where there is an immediate need for information.
When Does a Juvenile Have the Right to an Attorney?
Juveniles can remain silent and request to speak with a lawyer whenever police question them. An attorney can arrange for a voluntary interview if the minor has not been placed in custody.
When a juvenile is placed in custody, they are required to consult with a lawyer prior to their interrogation. If they have a private defense attorney, they can also insist that the lawyer be present during any in-custody interviews.
Should a Parent Talk About the Allegations With Police?
Not without an attorney present. A lawyer can protect your teen’s rights and ensure the child and their parent avoid saying anything that may harm their defense.
What Rights Does a Juvenile Have Before and After an Arrest?
A child arrested in California has several protections under state and federal law, even if they are not the same as the rights of adult suspects. Specifically:
- Minors have the right to remain silent.
- Juveniles are protected from unreasonable search and seizure.
- Police must read teens their Miranda rights when making an arrest.
- A child’s parent must be notified when the child is arrested or transported for questioning.4
- Juveniles placed in custody must consult with an attorney before speaking with the police.
- Police cannot use threats, deception, or psychologically manipulative tactics while questioning minors.5
When Can Police Search a Juvenile’s Property?
Minors are protected from baseless police searches. Police generally must have probable cause or consent to search a teenager’s vehicle, pockets, or bags. To search a juvenile’s home, officers need a warrant or consent.
However, officers and school officials can search a minor’s property on school grounds if they have a reasonable suspicion of criminal activity.
If an officer requests to search a child’s property, it is usually best to decline, stay silent, and request an attorney. “While officers may still legally perform a search in many cases,” explains Liss, “having a documented record of a search refusal and a request for counsel can help bolster cases where the search was performed illegally.”
Watch for Violations of Your Child’s Rights
When a juvenile’s rights are violated, it is serious. If they were subjected to an illegal search, arrest, interrogation method, or any other rights violation, any resulting evidence may be withheld from the adjudication hearing. In some cases, this may be sufficient to result in the case being dropped altogether.
What Should Parents Do After Their Child Is Arrested?
If your child was arrested, how you react in the upcoming days can dramatically affect their future. Here’s what you can do to support your child while protecting their rights and freedoms.
Wait to Discuss Things
Parents are often left alone in the interrogation room with their child. Few realize conversations here may be recorded and used as evidence. Do not discuss the crime at the police station without a lawyer. Wait until your child is released.
Stay Calm and Be Comforting
You might be angry at your teen, the person who accused them of a crime, or the police officer who arrested them. That feeling is understandable, but it won’t help your child. Once your child is home and you’re in a private setting, let them know you’re there to help. Avoid pressuring them to explain the incident, especially if they have not yet spoken with their attorney.
Listen closely to what they tell you —a key piece of information could help you fight the charges. For example, if school officials randomly searched your child’s locker without reasonable suspicion, this evidence may be withheld from the trial.
Collect Helpful Documents
Tracking down report cards, reference letters, and proof of positive achievements by your child can strengthen your child’s case by showing that they are a good student and responsible citizen. Give these items to your lawyer. Let your child’s attorney know if your teen has a learning disability or mental illness that may affect their behavior, as this could aid their defense.
Seek Out Support
Get your child into counseling or rehabilitation for drug issues, if applicable. Work with an attorney to repair the property your child damaged if they were accused of vandalism. Taking action to address the issue preemptively will help the court see that your teen wants to make things right.
Help Them Stay Out of Trouble
Try to get your teen back to school as soon as possible and encourage them to keep their grades up. Discourage them from even minor transgressions, such as doorbell ditching, truancy, or making prank calls. These small actions can help sway judges.
What Should Parents NOT Do?
When trying to support your child, avoid:
- Discussing your case with police without an attorney present.
- Deleting messages or otherwise disposing of or tampering with evidence.
- Talking about the case on social media.
- Ignoring court notices.
Most importantly, do not mistakenly assume the charges are inconsequential because your child is a minor.
When Should I Call a Juvenile Defense Lawyer?
A juvenile defense lawyer can begin helping your child at any stage during this process, but it is best to obtain legal counsel as soon as possible to help protect your child’s rights. Remember that while juveniles are required to consult with an attorney prior to custodial police interviews, it is preferable to have a lawyer present during the interrogation as well.
A defense attorney can help a juvenile who has been arrested by:
- Speaking to the police on the child’s behalf.
- Protecting the minor’s rights.
- Advising the child and their parents during the interrogation and court processes.
- Working to have the child released from custody.
- Representing the child at the detention hearing.
- Investigating the allegations and uncovering evidence to support the juvenile’s case.
- Negotiating with the District Attorney to obtain the best possible outcome.
If your child has been accused of a crime, please call attorney Peter Liss at (760) 643-4050.
Frequently Asked Questions About Juvenile Arrests
What Should I Do If My Child Is Arrested?
The two most important things you can do are to stay silent and call an attorney. Your lawyer can advise you on how to support your child and protect their rights during this process.
What is the Youngest Age a Child Can be Arrested?
In California, children under 12 cannot be processed through the court system. For this reason, police can take temporary custody of a child under 12 who has been accused of a crime, but they cannot actually arrest or process the juvenile.
Do I Need a Lawyer if My Child is Accused of a Crime?
You are not legally required to hire an attorney for your child, but it is highly advisable to protect their rights and obtain the best possible resolution for their case.
Can Parents Pick Up Their Juvenile Child From Jail?
Teens are not placed in jail. But whether a parent can pick up their child immediately following an arrest depends on if the arresting officer decides to bring the minor to juvenile court and, if so, if the intake officer decides to release the child or keep them in custody. Because there is no bail in juvenile cases, teens put in custody by the intake officer are typically held until the detention hearing unless the District Attorney chooses not to file charges.
Legal References
- If a Youth is Arrested (California Courts) ↩︎
- The Dangers of Detention (Justice Policy Institute) ↩︎
- Recommendations on Police Interrogation of Youth (Youth Law Center) ↩︎
- New Law Prohibiting the Use of Certain Techniques When Interrogating Minors in Custody (California Department of Justice) ↩︎
