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A 16-year-old in Laramie is walking home from a friend's house when a patrol car pulls over and an officer starts asking questions about a break-in nearby. He has never been in trouble. What happens next, and what could follow him later, depends on a few Wyoming rules and one U.S. Supreme Court case.
When police ask a teenager questions
In J.D.B. v. North Carolina (2011), the U.S. Supreme Court ruled that a child's age matters when deciding whether a young person was 'in custody', meaning not free to leave. That decides when police must give Miranda warnings, the statement that you have the right to stay silent and the right to a lawyer. A 13-year-old questioned at school was the case that set this rule.
We did not find a Wyoming law requiring police to call a parent before questioning a minor, so do not count on one. You can say, calmly: 'I want to stay silent, and I want a lawyer and my parent.' The Wyoming Supreme Court's guide for youth also tells teens in a delinquency case to talk to their attorney before talking to anyone else involved.
How juvenile court works in Wyoming
The Wyoming Judicial Branch describes juvenile court as a special civil court for children and families. Its cases are heard in the district courts under special procedures, and all juvenile court cases are confidential. A 'delinquency case' is a juvenile court case against a child for breaking the law. The court's glossary defines a child as a person under 18.
Not every case with a teenager goes to juvenile court. The court's youth guide notes that it covers juvenile court only, not circuit, municipal, or district court cases, which means some cases involving minors are heard in those courts. We could not confirm from an official page exactly when a Wyoming case is filed in adult court. If you are charged, the first question for your lawyer is which court your case is in.
If a court appoints you a lawyer, the guide says it will likely be a public defender from the Wyoming Public Defender's Office. You do not pay if you and your parents cannot afford it.
Clearing a juvenile record
Wyoming Statute 14-6-241 lets a person ask the juvenile court to expunge, meaning erase, a juvenile record once they turn 18. According to the Wyoming Judicial Branch, four things must be true: you are 18 or older, you have no later felony convictions, you have no open felony cases, and the court or prosecutor believes you have been rehabilitated. Records for violent felonies are generally not eligible. Once the order is granted, the law treats the case as if it never happened.
In In re RH (2022), the Wyoming Supreme Court ruled that a teen whose violent-felony charge was dismissed after he finished probation under a deal with the state could still seek expungement, according to a summary by the Wyoming Legislative Service Office.
Where to get help in Wyoming
If you are in a juvenile case, ask the judge for a lawyer if you do not have one. In Wyoming that is usually the Wyoming Public Defender's Office. The Wyoming Judicial Branch posts a free guide for teens, 'Your Rights: A Guide to Juvenile Court in Wyoming for Children and Youth', on its juvenile court page.
Curfews are a separate question. We did not find a statewide youth curfew in Wyoming's official sources, so check your own town's ordinances, since those set the hours where they exist. To clear an old record, start with the expungement page of the Wyoming Judicial Branch, which lists the petition steps.
À retenir
- Under J.D.B. v. North Carolina (2011), your age counts when deciding if police had you in custody and owed you Miranda warnings.
- Wyoming juvenile cases are heard in district court under special rules and are confidential, but some cases involving teens are heard outside juvenile court.
- At 18, you can petition to expunge a non-violent juvenile record if you have no new felonies and the court finds you rehabilitated.
- If you cannot afford a lawyer, the court can appoint one, usually from the Wyoming Public Defender's Office.
Sources
- Wyoming Judicial Branch: Your Rights, A Guide to Juvenile Court in Wyoming for Children and Youth (s'ouvre dans un nouvel onglet)
- Wyoming Judicial Branch: Expungements (s'ouvre dans un nouvel onglet)
- Wyoming Legislative Service Office: Topic Summary, Juvenile Expungement, In re RH (s'ouvre dans un nouvel onglet)
- Library of Congress: J. D. B. v. North Carolina, 564 U.S. 261 (2011) (s'ouvre dans un nouvel onglet)
Cet article donne des informations éducatives générales, pas un conseil juridique personnalisé. KidsKnowRights n'est pas un cabinet d'avocats, et lire cet article ne crée pas de relation avocat-client. Les lois varient selon l'État, l'âge et les circonstances, et elles changent avec le temps. Pour un conseil sur une situation réelle, adresse-toi à un avocat agréé ou à un organisme d'aide juridique.