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Juvenile Rights and Procedures

JUVENILE CONSTITUTIONAL RIGHTS:

  • Right not to incriminate oneself
  • Right to be represented by an attorney
  • Right to confront and cross- examine the accusers
  • Right to a trial
  • Right to receive advance notice of the charges against you
  • Right to appeal your case and have an attorney appointed to assist you
  • Right to be given the Miranda Warning (Miranda Warning is the warning that informs you that, you have the right to remain silent; anything you say can be used against you in the court of law, you have the right to an attorney, and if you cannot afford an attorney, one will be appointed before any questioning if you so desire.


JUVENILE PROCEDURE:

If your child is arrested and taken into custody, he or she will be transported to the police station and booked. Booking consists of logging the name and the reason for the arrest in the record book. The child will also have a picture and his/ her fingerprints taken.

Next, the minor may be released into your custody. If the crime is to serious, the minor may be held in jail until arraigned. Arraignment is when the charges against the juvenile will be read, and the judge will ask how the juvenile pleads.

If your child has been arrested, find out why you child has been taken into custody and what needs to happen in order to be released. Ask for a Juvenile Defense Lawyer be present when your child is being questioned. However, even though you are the minor's parent or guardian, if your child's decision is to waive the right to an attorney, you to agree with your child's decision. But remember, statements made to a law enforcement officer may be USED AGAINST a juvenile. The right to an attorney should only be waived after much thought and consideration. You may wish to indicate to the police that your child no longer wishes to speak to them.





Fishel & Fishel, Attorneys at Law is a Law firm serving the Contra Costa County are including the Northern California East Bay communities of Alameda, Albany, Antioch, Benicia, Berkeley, Brentwood, Byron, Castro valley, Claremont, Concord, Danville, Dublin, El Cerrito, El Sobrante, Emeryville, Fairfield, Fremont, Hayward, Hercules, Lafayette, Livermore, Martinez, Montclair, Moraga, Oakland, Oakley, Orinda, Piedmont, Pinole, Pittsburg, Pleasant Hill, Pleasanton, Point Richmond, San Leandro, San Pablo, San Ramon, Union City, Vacaville, Vallejo, Walnut Creek. We have over 18 years experience in the practice of Family Law covering Child Custody, Juvenile Law, Divorce, Dissolution, Personal Injury, Criminal Defense.



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Fishel & Fishel, Attorneys at Law

925- 935- 2021