Criminal Law Questions? Ask a Criminal Lawyer.
the US Supreme Court has ruled that juveniles have the same right as adults - and that they should be told they have the right to have a parent or guardian present so that the juvenile can discuss whether they want the aid of legal counsel present during questioning. the parent cannot make the decision on the presence of legal counsel, but a juvenile can discuss the matter with the parent - however, this only applies after a juvenile has been arrested -
so, if your son was not arrested, then they would not apply. many children do not know they are not under obligation to speak to anyone about anything they have been accused of - and so the kid will talk. and if they do talk then that infomation can lead to an arrest, at which time they should be advised their rights and also that they can confer with a parent about those rights.
here is the law for which you site he was charged - if your son is 16, then this does not seem to be the appropriate charge because it states "18 or older" and that "Application of this section shall be limited to persons at least five years older than the minor to whom he or she prepares for sale, sells, or gives away a controlled substance."
11353.5. Except as authorized by law, any person 18 years of age orolder who unlawfully prepares for sale upon school grounds or apublic playground, a child day care facility, a church, or asynagogue, or sells or gives away a controlled substance, other thana controlled substance described in Section 11353 or 11380, to aminor upon the grounds of, or within, any school, child day carefacility, public playground, church, or synagogue providinginstruction in preschool, kindergarten, or any of grades 1 to 12,inclusive, or providing child care services, during hours in whichthose facilities are open for classes, school-related programs, orchild care, or at any time when minors are using the facility wherethe offense occurs, or upon the grounds of a public playground duringthe hours in which school-related programs for minors are beingconducted, or at any time when minors are using the facility wherethe offense occurs, shall be punished by imprisonment in the stateprison for five, seven, or nine years. Application of this sectionshall be limited to persons at least five years older than the minorto whom he or she prepares for sale, sells, or gives away acontrolled substance.
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