in the state of ohio when a police officer questions a juvenile with an attorney

by Cleve Reynolds 8 min read

Once you are in police custody, they need to read you your Miranda Warning, which contains a clause that you have a right to have an attorney present. But you must clearly state that you will not answer any questions or any further questions until you can speak to a lawyer before the police have to stop questioning you.

Full Answer

What are the rights of a juvenile in a criminal case?

Aug 12, 2010 · The constitution says you have a right to an attorney, not a parent. You needed to tell the police no and that they can contact your attorney if they wish to speak to anyone in your family. You did not have to allow the police to question your child. If it was voluntary, then you leave. If they arrested him, then they had to...

Can a police officer question a child without a parent present?

Does a juvenile have a right to an attorney? Yes. A minor child is not required to speak to police officers or any other officials who “just want to ask some questions.” Sometimes juveniles and their parents do not realize that the minor child has a right to an attorney.

What is the difference between adult court and juvenile court in Ohio?

May 30, 2002 · Chapter 2151 Juvenile Court. Effective: May 30, 2002. Latest Legislation: House Bill 247 - 124th General Assembly. PDF: Download Authenticated PDF. (A) The chief probation officer, under the direction of the juvenile judge, shall have charge of the work of the probation department. The department shall make any investigations that the judge ...

Do I need a lawyer for a juvenile court case?

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Is it legal for police to interrogate a minor?

The Codes of Practice make it clear that as far as practical, children and young persons under the age of 17, whether suspected of crime or not, usually should only be interviewed in the presence of a parent or guardian, or in their absence, someone who is not a police officer.

Can police interrogate a minor without parents?

From the age of 10 years, a child can be arrested and interviewed by the police, or asked to attend a voluntary interview. The law requires that children have an appropriate adult with them.

Can police question a minor without parents Ohio?

A: School and police officials can question a child without the child's parents present. As far as the law enforcement side of it, the child does have the right to refuse to answer questions from a law enforcement official and/or to insist on the presence of an attorney. The police are not required to "take reports."Sep 29, 2017

Are police in Ohio mandated to contact a parent or guardian before speaking with a juvenile?

A minor child is not required to speak to police officers or any other officials who “just want to ask some questions.” Sometimes juveniles and their parents do not realize that the minor child has a right to an attorney.

What are the most important legal rights of juveniles?

The United States Supreme Court has held that in juvenile commitment proceedings, juvenile courts must afford to juveniles basic constitutional protections, such as advance notice of the charges, the right to counsel, the right to confront and cross-examine adverse witnesses, and the right to remain silent.Jan 22, 2020

Can the police interview a 16 year old?

Police are free to approach and question any child who may have witnessed or been the victim of a crime, just as they can contact and interview an adult. Police can question a child without a parent present and are not required to obtain permission from a parent before questioning the child.

What is a custodial interview?

Questioning of a detained person by the police in connection with a criminal investigation. A person is not only detained when under arrest, but also whenever not free to leave. See Miranda warning. CIVICS.

Can police question a minor without parents in PA?

While most people think this is a right all juveniles are guaranteed, it is not. However, a juvenile can refuse to answer any questions without a parent present.

Can police question a minor without parents in Virginia?

The child can refuse to answer questions and can request that a lawyer or a parent be present. ... But police are not required to contact parents or obtain parental permission before approaching and questioning a child.

Is Ohio a mandatory reporting state?

The Ohio Revised Code section 2151.421 mandates that certain people are required to make a report to child protective services or law enforcement if they suspect that abuse is taking place. ... You should report abuse or neglect even if someone tells you that it has already been reported.

Who is a mandatory reporter in Ohio?

In Ohio, mandated reporters include health care workers, teachers, school employees, attorneys, social workers, therapists, among others. Click here to view a complete list of mandated reporters in Ohio, and to find more information about Ohio's statues.Jul 28, 2017

What happens to an unruly child in Ohio?

If your child is charged with a delinquency or unruly offense, he/she can be detained by juvenile court in a secure facility. Your child may enter the juvenile court system by the police arresting him/her and filing a complaint with the court.

What is juvenile court?

Juvenile Court handles cases where minors are accused of violating criminal or traffic laws. Rather than seeking to punish offenders as our system does for adults in criminal courts, juvenile courts seek to rehabilitate minors who find themselves there.

How long can a sex offender be in jail?

Sex offenses can carry minimum sentences from 1 to 3 years, and other violations equivalent to felonies (crimes which, when committed by adults, carry year long prison sentences) carry 6 month minimum sentences. Minors cannot be held in juvenile detention after they turn 21.

Can a juvenile be found guilty of a crime?

Juveniles are not technically found guilty of crimes if the court finds that they committed an offense. Adults are charged with misdemeanors (relatively less serious crimes) or felonies (more serious crimes that carry a year in prison if convicted).

What does "no contest" mean in court?

In adult Courts, defendants plead “guilty,” “not guilty,” or in some cases “no contest” (meaning the defendant accepts a conviction but does not admit guilt). In juvenile Courts, juveniles will plead “admit” or “deny” to the charges against them. A plea of “no contest” is not accepted in juvenile Court.

Do you have to wear your Sunday best?

You don’t have to wear your Sunday best, but you certainly may. At least wear a clean, casual outfit, no shorts, no holes in your pants or shirt or skirt or shoes, no flip flops, no tank tops, no t-shirts with slogans on them, no spaghetti straps or crop tops, and no hats.

What is adjudication in juvenile court?

An adjudication in juvenile Court is equivalent to a verdict in adult Court. Rather than being found “guilty” or “not guilty”, a juvenile is found to be “delinquent child,” “unruly child,” or “juvenile traffic offender,” or the charge is dismissed. The finding is called an “adjudication”.

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