California Welfare and Institutions Code 625.6 – (a) Prior to a custodial interrogation, and before the waiver of …
(a) Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 17 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived.
(b) The court shall, in adjudicating the admissibility of statements of a youth 17 years of age or younger made during or after a custodial interrogation, consider the effect of failure to comply with subdivision (a) and, additionally, shall consider any willful violation of subdivision (a) in determining the credibility of a law enforcement officer under § 780 of the Evidence Code.
Terms Used In California Welfare and Institutions Code 625.6
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(c) This section does not apply to the admissibility of statements of a youth 17 years of age or younger if both of the following criteria are met:
(1) The officer who questioned the youth reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat.
(2) The officer’s questions were limited to those questions that were reasonably necessary to obtain that information.
(d) This section does not require a probation officer to comply with subdivision (a) in the normal performance of the probation officer’s duties under Section 625, 627.5, or 628.
(Amended by Stats. 2020, Ch. 335, Sec. 2. (SB 203) Effective January 1, 2021.)