Police and juvenile court in Missouri: six warnings before questioning, and what happens to the record

Under section 211.059, when police or a juvenile officer take a child into custody, meaning the child is not free to leave, the child must be told before questioning: you have the right to remain silent; anything you say can be used against you in juvenile court; you have the right to have a parent, guardian, or custodian present; you have the right to talk to a lawyer, and one will be appointed free if you cannot pay; you can stop talking at any time; and anything you say can be used against you if your case is moved to adult court.

A juvenile officer is a court employee who works with young people in the juvenile system. The law says that officer must stop police questioning as soon as you say you want to stop. The officer must also tell you plainly that they are not your lawyer and not your advocate, and they may not ask you questions about the offense.

So say it clearly: 'I want to stop talking. I want my parent and a lawyer.' Then stop talking. You are allowed to.

Missouri's juvenile court handles cases about offenses a person is accused of committing before turning 18. A case can move to adult court through 'certification,' a hearing where a judge decides whether to dismiss the juvenile case so the young person can be tried under adult law.

Under section 211.071, a judge may hold that hearing for a child 14 to 17 accused of a class A or B felony, a sex offense under Chapter 566, or three felonies within 180 days. For the most serious charges, such as first-degree murder, first-degree robbery, or any felony involving a deadly weapon, the hearing is required for a child as young as 12. Even then, the judge decides whether to transfer. It is not automatic.

The right to a lawyer in that courtroom goes back to In re Gault (1967). Gerald Gault was 15 when an Arizona juvenile court sent him to a state industrial school with no notice of the charges and no lawyer. The U.S. Supreme Court held that young people in delinquency cases have due process rights, including notice, a lawyer, and the right not to incriminate themselves.

The Missouri State Public Defender explains that juvenile records for misdemeanors are generally kept confidential. Records for juvenile felonies are open to the public and can show up on a background check. Under section 211.321.5, once you turn 18, you can ask the court to seal your records, meaning hide them from public view. The judge seals them if it finds that doing so is in your best interest.

Curfews in Missouri are local rules. The juvenile code says the juvenile court shares authority with the municipal court over a 'municipal curfew ordinance,' which means the hours come from your city, not the state. Check your own city's code.