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Knowing You and Your Child’s Rights When They Are Arrested in Illinois

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IL juvenile lawyerIn 1899, Illinois was the first state to do something that no other state had done before -- create a juvenile justice system. Prior to then, juveniles were tried in adult court and were treated as adults were. Illinois lawmakers realized that juveniles had different needs and abilities than adults did and that a separate court and justice system was necessary. The juvenile justice system emphasizes the importance of rehabilitating and protecting youth after they commit a crime -- not punishing them. The juvenile justice system also awards certain rights to both children and their parents or guardians when they are in trouble with the law. Many people may not know about these rights, but it is important that you exercise those rights if your child has gotten into trouble.

Rights of Juvenile Offenders

Every person is guaranteed certain rights by the United States Constitution, but juveniles have special, additional rights because they are a part of the juvenile justice system. Rights that juveniles have include:

  • Right to Remain Silent: Like all other American citizens, children who are arrested and interrogated by police have the right to remain silent. They must be notified of this right before any interrogation begins. This is known as the right against self-incrimination.
  • Right to Legal Representation: Another one of the rights guaranteed by the U.S. Constitution, children have a right to be represented by a lawyer during the criminal process. If you do not have the means to hire a private lawyer, a public defender who is knowledgeable about juvenile justice will be appointed to your child.
  • Right to Talk to a Parent or Guardian: Before your child submits to any questioning, they should inform the officer that they would like you to be present during questioning. Police must immediately try to contact you.
  • Right to Know the Charges Against Them: Police are required to tell your child what charges are being held against them and why police believe they committed a crime.

Rights of Parents

Parents also have rights when their child is arrested. These rights include:

  • Right to Be Notified of Your Child’s Arrest: When your child is arrested, you have the right to be notified of the arrest. Police must try to contact you as quickly as possible.
  • Right to Know Why and Where Your Child Is Being Held: Police must tell you what charges are being held against your child and where your child is being held in police custody.
  • Right to Be with Your Child: You have the right to be with your child during any and all questioning. This allows you to make sure your child’s rights are being protected and it also allows you to make sure your child does not talk to police before the lawyer arrives.

Consult with a DuPage County Juvenile Crime Defense Lawyer Today

Police are required by law to inform you of your constitutional rights before they begin interrogating you. Juvenile offenders have specific rights that are not directly addressed in the Constitution, but that does not mean you should not be informed of them. If your child has been accused of committing a crime, you need to contact an expereinced Oak Brook juvenile crime defense attorney right away. At Myers Law LLC, we can help you make sure that both you and your child’s rights are being protected at every step of the criminal justice process. Call our office today at 844-984-3529 to schedule a free phone consultation.

 

Sources:

https://www.law.northwestern.edu/legalclinic/cfjc/documents/ParentHandbook.pdf

http://www.icjia.state.il.us/assets/pdf/ResearchReports/IL_Juvenile_Justice_System_Walkthrough_0810.pdf

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