First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 126 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Rights of Juvenile
126.01 | Notification of Rights
Prior to any in-custody interrogation, the juvenile shall be advised by the juvenile officer or by a designee trained by the juvenile officer that:
(1) the juvenile has the right to remain silent;
(2) the juvenile has the right to an attorney, and if the juvenile is unable to afford an attorney, that one will be provided;
(3) whatever the juvenile says to the juvenile officer or court personnel can be used in later proceedings;
(4) even though he or she begins to talk, the juvenile retains the right to stop talking at any time; and
(5) whatever the juvenile says to the police or persons other than the juvenile officer or court personnel may be used against the juvenile if the juvenile is transferred to a court of general jurisdiction to be prosecuted under general law.
Comment
The purpose of this Rule 126.01 is to ensure that a juvenile in custody is advised of his or her rights and the scope of those rights. This Rule 126.01 also recognizes the limitations on the use of admissions, confessions and statements by the juvenile to the juvenile officer and court personnel.
(Adopted May 20, 2009, effective January 1, 2010.)