Legal Question in Criminal Law in Washington

Juvenile miranda rights

Juvenile waived miranda rights. Mother with sole custody was not present (grandfather present).Officer told child better not to get attorney; makes you look guilty. Mother works for attorney (not criminal law). Would the defense of ''express waiver intelligently made'' (9)13.40.140 be enough to convince juvenile court to throw out confession or at least be a bargaining tool with prosecutor. Child did not make intelligent decision - age 15. Include any research availability please.


Asked on 3/13/02, 6:36 pm

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Re: Juvenile miranda rights

Whether there was an intelligent, knowing and voluntary waiver of the right to remain silent or the right to an attorney is a quesion of fact. The court rules require that the cour make this determination before the statement is admissible at trial.

If you are asking about resources in an effort to save money, you are ignoring a higher cost. If money is an issue, the juvenile should apply for a court appointed attorney - the financial eligibility requirements are far less than those for adults.

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Answered on 3/13/02, 6:55 pm


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