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If Your Child Is Arrested, What Are Their Rights?

Law Office of Katie Walsh

No matter their age, every United States citizen – and, in turn, every citizen who lives within the state of California – has certain rights that they can and should exercise in the event that they are arrested.

Going over these rights, informing your child of them, and speaking with a lawyer in the event that they are arrested will allow you to obtain the best possible legal outcome.

Read on as the California juvenile criminal defense attorney at the Law Office of Katie Walsh explains more.

If Your Child Is Arrested, What Are Their Rights?

Right after your child is arrested, the arresting officer may wish to discuss the events that led to their arrest. If this is the case, then that officer must inform your child of their Miranda rights.

Your child’s Miranda rights are as follows:

  • Your child has the right to remain silent.
  • Anything your child says can and will be used against them in court.
  • Your child has the right to a lawyer
  • If you or your child are unable to afford a lawyer, one will be appointed for them.

Every single one of these Miranda rights can and should be exercised. A failure to exercise these rights can lead to a less-than-desirable legal outcome.

Outside of the Miranda rights outlined above, there is one other fact you must be aware of: right before the police can speak with your child – assuming they are seventeen or younger – they must speak with a lawyer. 

A child cannot waive the right to speak with a lawyer, and, as such, they must do so. If the police attempt to deny this right or to surpass it in any way, then they are violating your child’s rights.

If Your Child Is Arrested, What Are Your Responsibilities?

If your child is arrested, then you have several responsibilities that may need to be satisfied. 

Right before we can go over those responsibilities, though, it’s important to be aware of the obligations that the police have if they arrest your child:

  • The police must contact you if your child is arrested and, in turn, locked up.
  • The police must inform you where, specifically, your child is.
  • The police must inform you of your child’s legal rights.

Outside of the above, you, as a parent, have several responsibilities. Some of these responsibilities are as follows:

  • You may need to go out and pick up your child.
  • You may need to help them find a good lawyer.
  • You may need to pay restitution for the crimes your child has been found guilty of.
  • You may need to pay damages for the crimes your child has been found guilty of.

All of these responsibilities must be satisfied in the event that they are needed.

Just as an example, if your child is let go, then it is your responsibility to pick them up and take them home right after you speak with an officer at the station regarding your child’s arrest.

Yet another example is that if your child doesn’t know what lawyer to talk to, then it is your parental responsibility to put them in contact with a lawyer who will assist them.

Speak With An Orange County Juvenile Criminal Law Lawyer Today

No matter what, if your child is arrested, then you may speak with our Orange County juvenile criminal law lawyer at the Law Office of Katie Walsh today. By doing so, we will assist you and your child in obtaining the best possible legal outcome.

Client Reviews

I hired attorney Katie Walsh to help my son when he was found with a large amount of drugs on school campus. She got us through the Expulsion Hearing, and miraculously he can go back to school at the winter semester...

AR- parent of minor client

I hired Katie Walsh to have my felony convictions expunged. She was able to expunge my record within 6 weeks of me giving her all the information. Even though technically I had a probation violation, and therefore the...

AR, criminal client

My 16 year old son was charged with possession of Marijuana, HS 11357(b). I was very concerned about what would happen to him and how this would affect his future. I contacted Ms. Walsh and she assured me that everything...

CT, parent of juvenile client

My child was charged with Felony Penal Code 597(a)- Animal Cruelty. After hiring Katie Walsh, she got the charges reduced to a misdemeanor, counseling, and 40 hours of chores at home. We come back in 6 months and the...

DH - Parent of Juvenile client

I hired Katie Walsh to represent my son on sexual abuse allegations- P.C. 288(a) and P.C. 288(b)- they were Strike Charges. After negotiating with the D.A., she got all the strike charges dismissed, and got my son...

DR- mother of juvenile client

Katie Walsh was fantastic throughout this entire process! My 13 year old son was charged with two counts of lewd act on a minor, PC 288(a) and was in juvenile hall. After hiring Ms. Walsh, she GOT MY SON OUT OF JAIL and...

EG, parent of juvenile client

My 14 year old son was arrested at school for P.C. 311 (child pornography). My son had innocent and stupid nude pictures of himself and friends on his phone. Ms. Walsh was extremely easy to talk to, and made my son feel...

GK,TK, parents of juvenile client

Ms. Walsh was a life saver when I didn't know what was going on, or how to handle the situation. My young daughter was attacked at her middle school and was seriously injured. At a time when both the school and the...

HA, mother of 13 year old Victim Rights client

I hired Katie Walsh to seal my juvenile record of PC 288(a) (lewd act on a minor), after my request had been denied by a Judge and by the Probation Department. After speaking with Probation, the DA and the Judge at a...

JW, former juvenile client

I was charged with a Felony Conspiracy charge- PC 182. After hiring Ms. Walsh she got my charged reduced to a misdemeanor right away, and now I just have to do community service and in 6 months my entire case will be...

KP, juvenile client

Ms. Walsh was like a breath of fresh air throughout this entire process. I was uncertain about the outcome, but she told me everything would be ok- and it was. She had my juvenile record sealed within 3 months of...

LR, former juvenile client

Ms. Walsh got the judge to terminate my son's probation and seal his 2 juvenile cases (Penal Code 288(a) and Penal Code 242) even though he had violated my probation by picking up a new case. By getting his record sealed...

MB- mother of juvenile client

At a very difficult time in my life I contacted attorney Katie Walsh. I am a teacher and was being harassed/stalked by a parent at my school. I wanted a Restraining Order against this person. Ms. Walsh listened to me...

MB, restraining order client

My son was charged with Lewd Conduct, P.C. 647 out of Downey, CA. After hiring Ms. Walsh, she spoke with the District Attorney, Probation, and the Judge. Even though the judge was not pleased with the offer, she was able...

MG, parent of minor

It is with sincere gratitude that I send this recommendation As a parent of a child that was arrested on a Felony Domestic Abuse charge and over 2000 miles away I had to rely on friend of a friends word that you would...

MPF, mother of criminal client

I really liked having Ms. Walsh as my attorney. She visited me in Juvenile Hall. I was charged with four counts of Robbery (Penal Code 211). This was my 8th juvenile petition. Ms. Walsh got 2 of the robbery charges...

MU, juvenile client

I was arrested for a felony Domestic charge, PC 273.5(a). After I hired Katie Walsh, my entire case was dismissed. I never had to appear in court. I felt very comfortable with Ms. Walsh- she was easy to speak with...

NF, criminal client

Katie was instrumental in helping me with a criminal matter as an advocate for me and my children when I was a named victim in a DV case. She patiently and expediently addressed all of my questions and was an invaluable...


My daughter was pulled over arrested for having a Fake ID. After hiring Ms. Walsh my daughter did not have to plead guilty- which would have affected her license status. She did community service, completed a legal...


My 14 year old daughter was involved in an assault and battery- PC 240/242, in Irvine. After hiring Katie Walsh the case was not referred to Court. My daughter was able to complete a class and the case will be dismissed...

SG, mother a juvenile client

My son was charged with possession of Child Pornography P.C. 311.11(a) - a charge I did not realize a child could be guilty of! As parents were beside ourselves when we found this out, and contacted Katie Walsh. She...

SH- mother of juvenile client

From San Diego I contacted Ms. Walsh about sealing my juvenile record in Orange County regarding a Petty Theft charge. She was always very responsive to any of my questions, and consistently kept me updated. Even though...

XL, juvenile client

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