Conversations about criminal activity and civil rights often center adult defendants. People who are 18 years of age or older who stand accused of breaking the law have clear protections under state and federal statutes and also the Constitution.
Everything is much less certain in scenarios involving minor defendants. After all, children do not have all of the same rights and responsibilities that adults do. Even parents who may have spent years caring for their children may be unfamiliar with the rights of juveniles facing criminal accusations. Young adults are at a significant disadvantage in such cases, as they may not understand their rights at all yet.
What rights do minors facing criminal charges typically have during a police interrogation?
The right to remain silent
Just like adults, juvenile offenders have the right to remain silent when questioned by police. However, they are often less aware of that right and less confident about asserting it. They may have learned through years of dealing with their parents and educational professionals that communicating in their own defense is an effective strategy. They may then try to cooperate with law enforcement to their own detriment.
The right to have an attorney and/or parent present
Young adults facing criminal charges often do not know how to gauge the seriousness of the situation and may lack the ability to truly understand the long-term consequences. Like other criminal defendants, they have the right to have an attorney present when they undergo questioning by law enforcement professionals. In fact, they also have the right to request the presence of their parents, who can be powerful advocates on their behalf.
The right to understand the charges they’re facing
Young adults facing criminal accusations also generally have the right to know what the state alleges they did to violate the law. Sometimes, understanding the severity of the accusations brought by the state can help young adults recognize that they need outside help. As is generally the case with adult defendants, police officers should inform young adults of their basic rights before actively questioning them.
Still, juvenile defendants are often more vulnerable to manipulation tactics because they are unaware of the seriousness of the allegations they face or the consequences that could be possible. Parents may want to educate their children about their basic rights and ensure that they understand they can ask for the support of a parent if they ever find themselves in police custody.
Parents may also need to help their children respond appropriately in scenarios where law enforcement professionals may have violated their rights. Reviewing a juvenile criminal case in depth with a skilled legal team can help families determine the best path forward for a young person accused of breaking the law.