Hurricane Katrina: Legal Issues - Columbus School of Law

e a runaway. “Probable cause” means that the police officer has a strong reason to believe the child committed the
crime/charge that he or she is accused of.
What Rights Does Your Child Have If He Or She Is Arrested?
If your child is arrested for a delinquent act, the police officer must tell your child the reason why he or she is being
arrested. The police officer must also tell your child that he has a right to speak with a lawyer. Most importantly,
your child has the right to call you immediately. And, he should!
If your child is being detained (kept), there must be a hearing within 48 hours of your child being detained so that the
judge can decide whether the child should stay in detention or be released. Your child must be told the time and
place of this hearing. If your child is not told the time and place of the hearing, contact your local Chancery Judge
immediately to find out when and where this hearing is happening.
Can A Police Officer Question Your Child If Your Child Is Being Detained?
No! If your child is being detained, a police officer can not question your child UNLESS the police officer has
obtained approval from a judge. There are a few people who don’t need approval from a judge to question your child
– your child’s lawyer, a guardian ad litem (a court appointed advocate for the child), a youth court intake officer and
a youth court prosecutor (a lawyer for the State of Mississippi who does not represent your child). If a youth court
intake officer or a youth court prosecutor want to question your child, your child’s lawyer must be present.
What Rights Does Your Child Have If A Police Officer, Youth Court Prosecutor, Or A Probation Officer
Questions Your Child?
The officer must explain the child’s rights before questioning him. These rights, known as “Miranda Warnings”
include:
The right to remain silent;
The right to speak with a lawyer once they are taken into police custody or placed under arrest; and
The right to a court appointed lawyer if you can’t afford one.
Right to remain silent
Anything the child says to anyone (the police, a probation officer, the school principal, etc.) can and will be used
against him or her. Even what a child tells his parent can be used against him. If arrested, the law says that the child
does not have to explain what happened. The child does not have to speak to a police officer, probation officer or
anyone else. The officer cannot use a child’s decision not to talk against him or her in court.
The officer may always ask your child questions, but the only information the child has to give is identifying
information such as his or her name, age and address. That’s it!
Even if your child starts talking to the police about what happened, the child can change his mind and ask for a
lawyer at any time. Children should NEVER give confessions or sign a confession without talking to a lawyer first.
Right to an attorney
If your child has been arrested, he or she has a right to a lawyer. That means your child can – and should – speak to a
lawyer before telling anyone what happened.
You and your child should always ask to speak to a lawyer right away. Do NOT sign any paper that gives up your
child’s right to a lawyer.