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A 15-year-old in Missoula is picked up after a fight near a skate park and driven to the station. Before anyone asks him a question, Montana law gives him two rights out loud and puts a phone call in motion. His case would go to youth court, the court that handles cases for people under 18. That court runs under the Montana Youth Court Act, in Title 41, Chapter 5 of the Montana Code.
Questioning: your rights, and the call home
When police take a youth into custody for questioning about something that could lead to a youth court case, Montana law says the youth must be told of two rights. One is the right against self-incrimination, which means you do not have to say things that could be used against you. The other is the right to a lawyer. The officer must also immediately tell a parent or guardian that the youth is in custody, why, and where. If no parent can be found, police must contact a close relative or friend the youth chooses.
The age of 16 matters here. A youth who is 16 or 17 can give up those rights alone. Under 16, the youth and a parent can give them up together if they agree. If they disagree, a youth under 16 can give them up only after talking with a lawyer.
The U.S. Supreme Court decided in In re Gault (1967) that young people in delinquency cases have the right to a lawyer, appointed free if the family cannot pay, and the same right to stay silent as adults. You can say, 'I want a lawyer, and I want my parent.'
When a case moves to adult court
Montana's youth court covers anyone under 18. A case can move to district court, where adults are tried, only through a set process. The county attorney may ask to file there if a youth was 12 or older and is accused of the most serious crimes, such as deliberate homicide. For youth who were 16 or older, the list is longer and includes robbery, arson, aggravated assault, and selling dangerous drugs. For a 17-year-old accused of a listed crime, the county attorney must file the request.
After that, the district court holds a hearing within 30 days on whether to send the case back to youth court. A lawyer can argue for that at the hearing.
Records are sealed at 18, if you finish what the court ordered
Montana seals youth court, police, and Department of Corrections records on the youth's 18th birthday, or when the court's supervision ends if it runs past 18. Sealed means closed: other agencies must destroy their copies, and a youth court judge has to order a record opened for good cause.
There is a catch. Records are not sealed in a case where the youth did not meet every requirement of the court's order. Fingerprints, photos, DNA, and youth traffic records are not sealed either. If a case was handled only informally, the paper records are destroyed at 18. Finish your community service, pay what you owe, and keep the proof.
Getting a lawyer, and checking your town's rules
Montana's Office of the State Public Defender (OPD) represents people who cannot afford a lawyer. Its website, publicdefender.mt.gov, has pages to apply for representation, find your assigned attorney or court date, and contact a local OPD office. A parent can use it too.
The state laws covered here do not set a curfew hour for teens. If your town has one, it is in the city or county code, so look up Billings, Bozeman, or wherever you live before a late night out.
请记住
- In Montana, police who take a youth in for questioning must explain the right to stay silent and to a lawyer, and must call a parent right away.
- Under 16, a youth can give up those rights only with a parent's agreement, or with a lawyer's advice if they disagree.
- Youth court covers everyone under 18; some serious cases can move to district court starting at age 12 or 16.
- Records are sealed at 18 only if you completed everything the court ordered.
资料来源
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