Juvenile Interrogation Rights Attorney
New Jersey Juvenile Interrogation Rights Attorney
NJ Juvenile Criminal Defense Lawyer
New Jersey Juvenile Defense Lawyer
Right of Parents to be Present
A parent does not always need to be present for police interrogation of a juvenile. The child’s statements can be used later, and children may not be required to understand their legal rights before questioning. Despite these rules, legal safeguards in juvenile cases can only be disregarded when the procedure is conducted with the utmost fairness. The juvenile procedure often lacks clarity to both police officers, parents and juveniles alike, leaving a lot of room for a solid defense.
If your child has been arrested or accused of committing a delinquent act, I urge you to speak with a juvenile defense lawyer immediately. This may increase any opportunity of having the case dismissed before it even goes to juvenile court. I have been eliminating juvenile charges and clearing juvenile records in Union County for 39 years. Contact me at 908-643-6801 and I will fight for your child’s rights.
Anthony N. Palumbo, NJ Juvenile Defense Attorney defends juveniles who have committed crimes throughout New Jersey and Union County including the towns, Linden, Cranford, Roselle, Elizabeth, Roselle Park, Westfield, Rahway, Clark, Mountainside, Garwood, and Scotch Plains.
FREE INITIAL CONSULTATION
Anytime, day or night, 24/7, consultation by phone or in person
The Juvenile Miranda Standard
Miranda Rights refer to the famous lines, “You have the right to remain silent…You have the right to an attorney.” For adults, these rights mean that the adult does not have to speak to police without an attorney. If the adult requests an attorney, the police cannot ask questions until the attorney arrives. The adult must clearly understand the rights in order to waive them and speak without an attorney.
Former Union County Prosecutor & Municipal Prosecutor
Current Public Defender
39 Years of Successful Results
Thousands of Clean Juvenile Records
Eliminates Formal Charges
Miranda in Juvenile Cases
In Juvenile cases, children can be questioned even if they don’t understand their Miranda rights and don’t waive them properly. What matters is whether the procedure was conducted with the utmost fairness, taking into consideration all surrounding circumstances such as improper influence, mental or physical force and the standards of due process. Police must still read Miranda rights when a child is in custody and do everything possible to see the child understands them, but the deciding factor is fairness.
A Child Can Waive Miranda
A child can waive Miranda rights, and statements may still be used later even if the child did not fully understand the rights as long as the procedure was incredibly fair. But waiver must still be voluntary and when deciding whether a waiver was voluntary the courts must consider the child’s age, education, mental capacity, experience, and social background.
Parent Not Always Required for Questioning
Generally, a parent must be present for questioning, but presence is not required under the following three circumstances.
- The child refuses to tell the parents names and addresses;
- Parents cannot be located after a good faith effort; or
- Parents refuse to attend
In these cases, statements made without parents present can still be used in later proceedings.
A Juvenile Defense Lawyer
In juvenile proceedings, a child must be represented by an attorney and this right cannot be waived. Thus, the question is not whether to retain an attorney, its who to retain. I have been successfully winning juvenile cases in Union County for over 35 years. When I take a case, I take it to win. I know the intricacies of the Juvenile system, and I can get the results your child needs for a clean future. As a former prosecutor of juvenile charges, I know how to spin the facts to defeat your charge.
For a free initial consultation, please contact me at 908-643-6801 . I will answer any questions you may have. For more information about Juvenile Crimes in New Jersey, return to Juvenile Offenses Homepage or visit one of my other Juvenile pages:
My offices are located in Cranford and Elizabeth, New Jersey
190 North Ave. E., Cranford, New Jersey, 07016
740 Newark Ave., Elizabeth, New Jersey, 07208
The Law Offices of Anthony N. Palumbo also services clients in :
South Orange, Essex County NJ 07079