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Orange County Bar Association

Minors 15 and Under Have Special Rights After An Arrest in California

Law Offices of William W. Bruzzo

Young people can make many mistakes and not even have the foresight to see what repercussions these mistakes can lead to and what complications in life can come about as a result. Young children have an immature outlook on life and do not always fully understand their actions. When mistakes that are made are criminal in nature, they may be arrested. But, the rules for arresting a young minor differ from those for older youths or adults. 

If you just got the call that your child has been arrested, this is going to be a distressing position to be in. Luckily, juvenile criminal laws in California provide some protections if your child is 15 years of age and younger. 

If you have questions about what to do for your child after an arrest, you can speak with an attorney. It is important to secure the best possible outcome in a criminal situation that you have experienced and skilled legal representation on your side. The Orange County criminal defense attorney at the Law Offices of William W. Bruzzo can assist you in this precarious situation. 

What Rights Do Young Minors in California Have After an Arrest?

After an arrest, the police must read a person’s Miranda rights. Miranda rights indicate that the arrested individual has the right to remain silent, that anything said can be used against them in court, and that they have the right to an attorney. It is important that Miranda rights are given to someone who has been arrested.

However, in California, when a young person aged 15 and under is arrested, in most cases, before they can be interrogated and read their Miranda rights, they must meet with an attorney. 

The exception to this rule is if there is a valid concern for public safety. However, even in this situation, the questioning is restricted. It may only be about what threat may exist and what can be done to prevent it from happening or stop anyone from being harmed by it.

The goal of the legislation is to protect the rights of very young children. Minors, especially those who are pretty young, may not understand their rights or the situation they are in when an arrest happens. Being interrogated by police at such a young age can be very scary, and youths may make statements out of fear that could harm them. 

With the needed extra step of a consultation with an attorney, a child who has been arrested may be able to navigate the system and the position they are in with law enforcement much better.

Speak to a California Criminal Defense Attorney Today

Having trusted and knowledgeable legal counsel and representation after an arrest is critical. An attorney will be looking out for the best interests of an individual who has been arrested and will advise them on what to do throughout every step of the process.

If you or your child was arrested in California, please call our Orange County criminal defense lawyer at the Law Offices of William W. Bruzzo at (714) 547-4636 to schedule a free consultation.

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