Juvenile Arrests and Miranda Rights: What to Know
In Texas, the juvenile justice system oversees most criminal offenses involving children or juveniles, which the Texas Juvenile Justice Code considers to be either a person who is “ten years of age or older and under 17 years of age” or “seventeen years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age.” In short, juveniles between the ages of 10 and 16 can be arrested for criminal offenses in Texas, but generally speaking, they will go through the juvenile justice system and juvenile court rather than the criminal court system that oversees criminal cases involving adults.
If your child was recently arrested for a criminal offense, you may be wondering if they are entitled to the same rights as adults, especially if their case is likely to go through a different system. Most significantly, you should know that juveniles have the same Miranda rights as adults, and it is important to understand how these rights (or a violation of them) could impact a juvenile criminal case.
Juveniles Have Miranda Rights
When an adult is arrested for a criminal offense or placed into a custodial interrogation, they must be informed of their Miranda rights. Those rights include: the right to remain silent, the right to an attorney, and to know that an attorney will be appointed if the person cannot afford one. These are rights that arise under the Fifth Amendment and Sixth Amendment of the US Constitution.
Not only do juveniles also have these same rights, but whenever a juvenile does waive their right to remain silent or their right to an attorney, and they confess to an offense, the confession will be “subject to closer scrutiny” than an adult confession, according to the US Justice Department. There are some other important things to know about a minor’s Miranda rights and when a confession is considered voluntary (and thus admissible, or usable against the juvenile defendant).
Juvenile Custodial Interrogations and Confessions
The US Supreme Court held in the case In re Gault (1967) that juveniles have the same due process rights and procedural safeguards as adults, including the privilege against self-incrimination and the right to counsel. The US Department of Justice underscores that, when a juvenile decides to waive those rights and has not received advice or guidance from a parent or another adult guardian, that child’s waiver of their rights “will be suspect.” It is not necessary for a parent or guardian to be present and to advise the juvenile, but it is a factor.
Often, when a juvenile waives their Miranda rights, the court will have to determine whether the juvenile’s decision was “voluntary and knowing.” To determine this, the court will typically look at the totality of the circumstances — meaning all of the facts around the juvenile’s interrogation. The US Supreme court has identified relevant factors that can include, for example, the age of the juvenile, their past experience and background, their education and intelligence, any factors that could affect the juvenile’s ability to understand the Miranda warning and their Fifth Amendment rights, and any factors that could affect the juvenile’s ability to understand the consequences of waiving their rights.
Contact a Juvenile Defense Lawyer in Texas for Assistance
If your child was recently arrested for a criminal offense, it is critical to seek legal advice from a Texas defense attorney who has experience handling juvenile cases. While the juvenile justice system is separate from the criminal justice system that oversees adult criminal cases, a child can still experience significant consequences in a criminal case and can receive a harsh sentence depending on the details of the offense. An experienced Texas juvenile defense attorney at John Reed, Attorney at Law can speak with you today about defense options. Contact us to learn more about how we can help.
Sources:
statutes.capitol.texas.gov/Docs/FA/htm/FA.51.htm#51.02
justice.gov/archives/jm/criminal-resource-manual-50-statements-taken-juveniles#:~:text=A%20juvenile’s%20waiver%20of%20Miranda,against%20self%2Dincrimination%2C%20Id
uscourts.gov/about-federal-courts/educational-resources/educational-activities/sixth-amendment-activities/gideon-v-wainwright/facts-and-case-summary-re-gault
oyez.org/cases/1978/78-334
