New Mexico teens and the police: questioning limits, children's court, and sealing a record

Under the Children's Code, a child suspected of a delinquent act (something that would be a crime if an adult did it) cannot be questioned until police explain the child's constitutional rights and get a waiver that is knowing, intelligent, and voluntary. A waiver means giving up a right, such as the right to stay silent. If the state later wants to use what the child said, it has to prove the waiver was real. The judge looks at eight factors, including the child's age and schooling, how long the questioning lasted, the time of day, and whether a lawyer, friend, or relative was there.

The age rules are stronger still. Nothing a child under 13 says can be used against them on the charges. For a child who is 13 or 14, the law presumes that statements to a person in authority, like a police officer, cannot be used, and the state must overcome that. In State v. Javier M. (2001), the New Mexico Supreme Court said this law gives children more protection than the federal Miranda warning alone.

In New Mexico, a child is anyone under 18, and delinquency cases go to children's court. Every child in those cases must have a lawyer at every stage. If the family cannot afford one, the court appoints the public defender. This follows In re Gault (1967), where the U.S. Supreme Court ruled that a young person facing juvenile court has the right to a lawyer and to know the charges.

Two groups can face adult consequences. A 'youthful offender' is 14 to 18 at the time of the offense and is found to have committed one of a listed set of serious crimes, such as second degree murder. The judge can give either a juvenile or an adult sentence, but only after finding the young person is not amenable to treatment, meaning services for youth are not likely to help. A 'serious youthful offender' is 15 to 18 and charged with first degree murder. That case goes to adult court.

A juvenile record can be sealed, which means closed so that the case is treated as if it never happened. A person can ask the court once two years have passed since supervision ended, with no new felony or delinquency finding in those two years. Usually the person must be 18, though a judge can seal earlier for good cause. The Children, Youth and Families Department (CYFD, the state agency for youth) also seals its own files at 18 or when the case ends, whichever is later, and sends a letter saying so.

New Mexico has no statewide youth curfew. Curfews are city or village ordinances. In ACLU v. City of Albuquerque (1999), the state Supreme Court held that when a city curfew is used to take children into custody, the Children's Code procedures still apply.