Juvenile detained for one offense and has attorney appointed.
Later, law enforcement discovered he was involved in a separate offense while still in detention on new offense.
Law enforcement interview a second time for the new unrelated offense. Do they need to contact his attorney before the interview?
6th Amendment right to counsel is case specific as in adult court or is it different for juveniles?
I believe that the safe route is to involve counsel. Juvenile law takes enough of a different track based on the perception of the child, that I think failure to involve the attorney could lead to issues on the appellate level.
A quick look is not showing me case law on this, which would make me even less comfortable leaving the child's attorney out of it.
Lisa L. Peterson
Nolan County Attorney
Lisa, if LEO were seeking a written statement (and the defense attorney actually allowed it), Sec. 51.09 FC and Sec. 51.095 FC would be still implicated - correct?
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