In October 2017, Governor Brown signed SB 395, putting a stop to coercive interrogations of children. If your son or daughter has been arrested, contact an attorney at Proper Defense to ensure that your child’s right to remain silent is protected.
The following legislation went into effect January 1, 2018:
Section 625.6 is added to the Welfare and Institutions Code, to read:
(a) Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 15 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived.
(b) The court shall, in adjudicating the admissibility of statements of a youth 15 years of age or younger made during or after a custodial interrogation, consider the effect of failure to comply with subdivision (a).
(c) This section does not apply to the admissibility of statements of a youth 15 years of age or younger if both of the following criteria are met:
1) The officer who questioned the youth reasonably believed the information he or she sought was necessary to protect life or property from an imminent threat.
2) The officer’s questions were limited to those questions that were reasonably necessary to obtain that information.
(d) This section does not require a probation officer to comply with subdivision (a) in the normal performance of his or her duties under Section 625, 627.5, or 628.