By H. Michael Steinberg Colorado Juvenile Criminal Lawyer

Colorado Juveniles IN CUSTODY Have The Right To A Parent’s Presence At Questioning – 19-2-511. BUT Juveniles questioned OUT OF CUSTODY – DO NOT. It is widely believed – and I am often asked – if school authorities and or police officers can question their children without the parent’s permission or presence. The shocking answer is yes – they can.

The answer is always  in the law – Here is Colorado’s  LAW (with my brief HMS – annotations and analysis):

19-2-511. Statements

[HMS – Section (1) addresses custodial interrogation – this is when your child is under arrest or otherwise held against his ir her will.  Here you have the right to be present and stop the interrogation asserting your child’s rights to remain silent and for a lawyer.]

(1) No statements or admissions of a juvenile made as a result of the custodial interrogation of such juvenile by a law enforcement official concerning delinquent acts alleged to have been committed by the juvenile shall be admissible in evidence against such juvenile unless a parent, guardian, or legal or physical custodian of the juvenile was present at such interrogation and the juvenile and his or her parent, guardian, or legal or physical custodian were advised of the juvenile’s right to remain silent and that any statements made may be used against him or her in a court of law, of his or her right to the presence of an attorney during such interrogation, and of his or her right to have counsel appointed if he or she so requests at the time of the interrogation; except that, if a public defender or counsel representing the juvenile is present at such interrogation, such statements or admissions may be admissible in evidence even though the juvenile’s parent, guardian, or legal or physical custodian was not present.

[HMS – Section (2)(a ) – provides the exceptions to the rule – 18 or older and a knowing, intelligent and voluntary waiver of rights.]

(2) (a) Notwithstanding the provisions of subsection (1) of this section, statements or admissions of a juvenile may be admissible in evidence, notwithstanding the absence of a parent, guardian, or legal or physical custodian, if the court finds that, under the totality of the circumstances, the juvenile made a knowing, intelligent, and voluntary waiver of rights

and:

[HMS – This is a most curious exception – if the child lies about their age and the police believe the lie – THEN the statements are admissible against the child – makes NO SENSE – the other exceptions have merit]

(I) The juvenile is eighteen years of age or older at the time of the interrogation or the juvenile misrepresents his or her age as being eighteen years of age or older and the law enforcement official acts in good faith reliance on such misrepresentation in conducting the interrogation;

(II) The juvenile is emancipated from the parent, guardian, or legal or physical custodian; or

(III) The juvenile is a runaway from a state other than Colorado and is of sufficient age and understanding.

(b) For the purposes of this subsection (2), “emancipated juvenile” is defined in section 19-1-103 (45).

[HMS – The responsible adult exception applies if a”responsible adult” is present who acts in the role of a custodian…defined in section 19-1-103 (84)].

(3) Notwithstanding the provisions of subsection (1) of this section, statements or admissions of a juvenile shall not be inadmissible in evidence by reason of the absence of a parent, guardian, or legal custodian if the juvenile was accompanied by a responsible adult who was a custodian of the juvenile or assuming the role of a parent at the time.

(4) For the purposes of this section, “physical custodian” is defined in section 19-1-103 (84).

[HMS – This section permits a waiver not only their presence but the Miranda rights themselves – by the parent, guardian, or legal or physical custodian].

(5) Notwithstanding the provisions of subsection (1) of this section, the juvenile and his or her parent, guardian, or legal or physical custodian may expressly waive the requirement that the parent, guardian, or legal or physical custodian be present during interrogation of the juvenile. This express waiver shall be in writing and shall be obtained only after full advisement of the juvenile and his or her parent, guardian, or legal or physical custodian of the juvenile’s rights prior to the taking of the custodial statement by a law enforcement official.

If said requirement is expressly waived, statements or admissions of the juvenile shall not be inadmissible in evidence by reason of the absence of the juvenile’s parent, guardian, or legal or physical custodian during interrogation

Notwithstanding the provisions of this subsection (5), a county social services department and the department of human services, as legal or physical custodian, may not waive said requirement.

[HMS – Another if the child lies section – essentially if the child lies about any issue – for example- he or she has no parents – or he or she is emancipated – or a runaway – the DA gets the statements in – they are admissible at trail…unbelievable when you think of how often troubled children – heck ALL children lie..]

(6) Notwithstanding the provisions of subsection (1) of this section, statements or admissions of a juvenile shall not be inadmissible into evidence by reason of the absence of a parent, guardian, or legal or physical custodian, if the juvenile makes any deliberate misrepresentations affecting the applicability or requirements of this section and a law enforcement official, acting in good faith and in reasonable reliance on such deliberate misrepresentation, conducts a custodial interrogation of the juvenile that does not comply with the requirements of subsection (1) of this section.

Colorado Juveniles IN CUSTODY Have The Right To A Parent’s Presence At Questioning – 19-2-511

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at hmichaelsteinberg@colorado-juvenile-crimes-lawyer or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-227-7777.

If you are charged with A Colorado crime or you have questions about Colorado Juveniles IN CUSTODY Have The Right To A Parent’s Presence At Questioning – 19-2-511, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.