Was Your Child Arrested For A Crime?

Juveniles in the United States criminal justice system aren’t afforded the same legal rights as adults. Here’s how they differ and how to get help if your child was arrested for a crime. 

Phone Calls 

Juveniles do have the right to make one phone call, although if they are likely to be released from custody quickly, the arresting officer may not offer it. Typically, juveniles are allowed to contact their parent or guardian.  

Legal Counsel 

A juvenile may also contact legal counsel. They do have the right to an attorney and upon asking for one, juveniles invoke their Miranda rights. 

Search and Seizure 

Law enforcement may not subject juveniles to unreasonable search and seizure. Probable cause is needed to search a minor’s person or belongings. However, if a public official is in a position of partial guardianship over the child, such as a school principal, the only thing necessary to search a juvenile’s belongings or even detain them temporarily is reasonable suspicion.  

Notice of Charges 

The court must provide juveniles with a notice of the charges they face. Juveniles also have the right to have the accusations against them proven beyond a reasonable doubt when facing the penalties of adjudication or incarceration. Any other penalties only require courts to prove charges by a preponderance of the evidence.