Your child has no rights to a parent's presence before questioning. The police can arrest a child without informing the parent. However, the probation office or prosecuting attorney must immediately notify the parent. (Welfare and Institutions Code section 630) Children have the right to remain silent. Many people, both children and adults, are convicted because of what they say to police. Law officers can, and do, lie when questioning suspects. There is no right to bail in a juvenile hearing. Even if a parent wants to post bail for his or her child, the law does not permit it. A child may be released into your custody. The decision is up to the police and the probation officer, with the presiding judge having the final say. Any child under 18 years old must be housed in juvenile hall and not housed with adults. (Welfare and Institutions Code section 207.1) A child has the right to an attorney. Furthermore, it is up to the child's parents to select which lawyer to use. Unless a child is tried for certain serious felonies as an adult, he or she has no right to a jury trial. Only a judge may force a parent to answer questions about a child. When in doubt, request to speak with your attorney. Generally, the court clerk or the probation officer must notify the parents of all court hearings. The parent should contact the child's attorney or juvenile court and the probation office and to make sure they have your address and phone number. Parents have a duty to ask the court to seal their children's records so they will not be made public and follow them for the rest of their lives. Minors arrested and charged with crimes have the right to have that information kept from the public and the media. Except in exceptional incidents where a minor is tried as an adult, all records relating to a child's contacts with police, probation reports, and all informal juvenile matters are confidential.
Answered on Oct 03rd, 2013 at 11:02 AM