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Nevada youth and the police: the rights script, juvenile court, and sealed records

Nevada law gives officers an exact script to read to a child in custody, limits the tactics they can use, and seals most juvenile records automatically after age 18.

作者 Ian Massaro

Founder and President of KidsKnowRights6 分钟阅读

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话题:Nevadajuvenile courtpolice questioningsealed records

本文提供的是一般教育信息,不是针对个人的法律意见。KidsKnowRights 不是律师事务所,阅读本文不会建立律师与当事人的关系。法律因州、年龄和具体情况而异,也会随时间变化。如需针对真实情况的建议,请咨询持照律师或法律援助机构。

本页的正文尚未翻译,因此以下内容以英文显示。上方的摘要、标签和安全信息已翻译。

A 16-year-old in Sparks is taken into custody after a fight outside a convenience store. What happens next is shaped by the juvenile chapters of the Nevada Revised Statutes (NRS, the state's written laws), whose numbers all start with 62. Those chapters spell out, word for word, what an officer must say to a young person before questioning starts.

Who goes to juvenile court in Nevada

Nevada law defines a child as a person under 18. A juvenile court (the part of the district court that hears cases about young people) can keep a case until the person turns 21.

Some cases can move to adult court. If the district attorney asks, a juvenile judge may certify (formally transfer) a child who was 14 or older and is charged with a felony, a serious crime. For murder or attempted murder, that age drops to 13. And some cases never start in juvenile court at all: murder or attempted murder by someone 16 or older is one of them.

The rights an officer must read you

Since 2021, a Nevada officer who takes a child into custody must tell the child, before a custodial interrogation (questioning while you are not free to leave), that you have the right to remain silent. The officer must also say that anything you say can be told to a judge. You have the right to have a parent or guardian with you, and the right to a lawyer with you. If your family cannot or will not pay, you get a free lawyer. Then the officer must ask if you understand and if you want to talk.

Nevada also bars two tactics. During that questioning, an officer may not knowingly lie about evidence in a way likely to get you to confess, and may not promise leniency the officer has no power to give. A statement taken in breach of those rules is presumed involuntary and not usable in court. There is a narrow exception for an imminent threat to life or property.

The officer must also try, without undue delay, to reach your parent or guardian.

The national foundation is In re Gault (1967). The U.S. Supreme Court ruled that a young person facing juvenile court has the same core rights as an adult: notice of the charges, a lawyer, and the right not to incriminate themselves.

What happens to a juvenile record

In Nevada, most juvenile records are sealed (closed off from public view) automatically within 60 days after you turn 18. If your case is still open at 18, the 60 days start when the court's jurisdiction ends.

You do not always have to wait. A person under 21 can ask the juvenile court to seal records 3 years after the last court finding, if no new charges are pending. Records of certain serious acts can stay unsealed until age 30.

Calm steps and where to find help

重要

If you are in custody, you can say calmly: I want to remain silent, and I want my parent and a lawyer. Nevada law says you have both rights, and the free lawyer is yours, not the officer's.

For a lawyer, ask the juvenile court in your county, or your county public defender's office, which is the usual place for free defense. We did not find a statewide youth curfew in the Nevada juvenile chapters we read. Curfews are usually set by a city or county, so check your own city or county code.

请记住

  • Nevada juvenile court covers people under 18 and can keep a case until age 21.
  • Before custodial questioning, a Nevada officer must tell a child about the right to silence, a parent, and a free lawyer.
  • Lies about evidence and false promises of leniency make a child's statement presumed involuntary in Nevada.
  • Most Nevada juvenile records are sealed automatically within 60 days after age 18.

资料来源

本文提供的是一般教育信息,不是针对个人的法律意见。KidsKnowRights 不是律师事务所,阅读本文不会建立律师与当事人的关系。法律因州、年龄和具体情况而异,也会随时间变化。如需针对真实情况的建议,请咨询持照律师或法律援助机构。