Stopped by police in California: the lawyer-first rule for anyone under 18

Under Welfare and Institutions Code section 625.6, before a custodial interrogation (questioning while you are not free to leave) and before any waiver of Miranda rights, a youth 17 years of age or younger must consult with a lawyer, in person, by phone, or by video. The statute says the consultation may not be waived. A 16-year-old cannot sign it away, and neither can a parent. If police skip the step, a judge must consider that failure when deciding whether the statements can be used, and a willful violation counts against the officer's credibility.

There is one narrow exception. An officer may ask questions without the consultation if the officer reasonably believes the information is needed to protect life or property from an imminent threat, and the questions stay limited to that. Outside that situation, the calm thing to say is that you want to talk to a lawyer before answering.

The federal floor comes from In re Gault (1967). Gerald Gault, 15, was sent to an Arizona state school without a lawyer or proper notice. The Supreme Court held that a young person in a delinquency case that could lead to confinement has the right to notice of the charges, to a lawyer, to confront witnesses, and to stay silent.

California's juvenile court handles a minor who was between 12 and 17 when the alleged offense happened. A child under 12 can be brought in only for a short list of the most serious crimes, such as murder. The court's power is to declare the minor a 'ward of the court' (a young person under the court's supervision), which is different from an adult conviction.

A case can move to adult court only in limited circumstances. Under section 707, the district attorney may ask for a transfer only if the minor was 16 or older at the time and the charge is a felony. Before the judge decides, the court orders a probation report on the minor's history and behavior. A 14-year-old in Riverside charged with a felony stays in juvenile court; the statute does not allow a transfer motion at that age.

California seals many juvenile records automatically. Under section 786, when a young person satisfactorily completes probation or an informal supervision program, the court must dismiss the petition and order the records sealed at the court, the police department, the probation department, and the state Department of Justice, with a date set for destroying them. 'Sealed' means the record is treated as if it did not exist for most purposes, such as a job application.

If a case did not end that way, section 781 lets the person petition the court to seal the records, including the arrest, at any time after turning 18, or five years after juvenile court jurisdiction ended. The county probation department can also file that petition. Some cases are excluded, so ask the lawyer who handled the case which section applies to yours.