Police questions and juvenile court in North Carolina: ages, rights, and records

이 페이지의 전체 본문은 아직 번역되지 않아 아래에 영어로 표시돼요. 위의 요약, 라벨, 안전 정보는 번역되어 있어요.

A 15-year-old in Durham is picked up after a fight near a bus stop and taken to the police station. An officer wants to ask questions. North Carolina has its own rules for this moment, and some of them are stronger than federal law. They depend on one number: your age.

Who goes to juvenile court in North Carolina

Juvenile court in North Carolina is part of district court. Under state law (G.S. 7B-1501), a 'delinquent juvenile' (a young person found to have broken a law) is usually someone who was at least 10 and under 18 when the act happened. Children who are 8 or 9 can be brought in mainly for serious felonies.

At 16 and 17 there are big exceptions. Traffic and motor vehicle offenses go to adult court. So do the most serious felonies, the ones the law calls Class A through E. Younger teens charged with serious felonies can also be moved to superior court (the adult trial court) after a hearing.

In In re Gault (1967), the U.S. Supreme Court ruled that a young person in juvenile court has real constitutional rights, including notice of the charges, a lawyer, and the right not to incriminate yourself.

What police must tell you before questioning

If you are under 18 and in custody (not free to leave), North Carolina law (G.S. 7B-2101) says police must tell you four things before they question you. You have the right to stay silent. Anything you say can be used against you. You have the right to have a parent, guardian, or custodian with you. You have the right to talk with a lawyer, and one will be appointed if you want one.

If you are under 16, the rule is stronger. A confession or admission you make in custody cannot be used in court unless a parent, guardian, custodian, or your lawyer was there. A parent cannot give up your rights for you.

If you are 16 or 17 and ask for a parent, police must make a reasonable effort to reach one. At any age, if you say you do not want to answer more questions, the officer must stop.

Erasing a juvenile record after 18

North Carolina calls it 'expunction' (having the court destroy the records of a case). Under G.S. 7B-3200, you can ask for it once you turn 18, in the court that handled your case.

For a delinquency case, the offense cannot have been a Class A through E felony. You must be out of juvenile court supervision for at least 18 months, with no new adjudication or conviction other than a traffic violation. You also need sworn statements from two people, not related to you or to each other, who say you have a good reputation. The district attorney gets 10 days to object, and a judge decides at a hearing.

What to do, and where to get help

중요

If police want to question you, stay calm and polite. Say clearly that you want your parent and a lawyer before you answer. You are allowed to. Then stop talking until they arrive.

In a juvenile case, the court appoints a lawyer if you do not have one. Public defense in North Carolina is run by the Office of Indigent Defense Services, which lists local public defender offices at ncids.org.

If your town has a youth curfew, it is a local ordinance (a city or county rule), not a state law. Look up your own city or county code, and check the exception for work.

기억하세요

North Carolina juvenile court usually covers ages 10 to 17, but at 16 and 17 traffic offenses and Class A to E felonies go to adult court.
Before questioning anyone under 18 in custody, police must explain the right to silence, a parent, and a lawyer.
Under 16, a statement made in custody cannot be used unless a parent, guardian, custodian, or lawyer was present.
At 18 you can ask the court to expunge most juvenile records, after 18 months without new trouble.

출처

이 글은 일반적인 교육 정보를 제공하며, 개인에게 맞춘 법률 자문이 아니에요. KidsKnowRights는 법률 사무소가 아니며, 이 글을 읽는다고 해서 변호사-의뢰인 관계가 생기지 않아요. 법은 주, 나이, 상황에 따라 다르고 시간이 지나면서 바뀌어요. 실제 상황에 대한 조언이 필요하면 면허가 있는 변호사나 법률 구조 단체와 상담하세요.