1. A detained child is entitled to two phone calls. One to his parent or guardian, a responsible relative or his employer.
2. The second call to an attorney.
By California law the phone calls shall be a public expense if the call is local and made in the presence of a public office or employee. In fact, California law provides that any public employee who willfully deprives a detained child of the phone calls is guilty of a misdemeanor pursuant to California Welfare and Institution Code Section 627 (b).
Whenever a child is taken before a probation officer, he or she is required to inform the child and his or her parent or guardian that anything said by the child can be used against him/her and that the child has a right to remain silent, and have a counsel present during interrogation, and inform the child that he has a right to have an appointed counsel if the child cannot afford an attorney. (See California Welfare and Institution Code Section 628.)
It is critical to have privately retained competent counsel at the early stages of proceedings. You should have an attorney representing you as soon as you know that an investigation in pending. If you are arrested or cited, hire an attorney immediately. Waiting until the court hearing to have an attorney is often to late. An appointed counsel cannot do anything for your child until he or she has been appointed by the court. This court appointment occurs only after charges have been filed against the child.
Call the Law Offices of Fishel & Fishel at (925) 229-4000 to protect your child's rights.
Fishel & Fishel, Attorneys at Law is a Law firm serving the Contra Costa County are including the Northern California East Bay communities of Alameda, Albany, Antioch, Benicia, Berkeley, Brentwood, Byron, Castro valley, Claremont, Concord, Danville, Dublin, El Cerrito, El Sobrante, Emeryville, Fairfield, Fremont, Hayward, Hercules, Lafayette, Livermore, Martinez, Montclair, Moraga, Oakland, Oakley, Orinda, Piedmont, Pinole, Pittsburg, Pleasant Hill, Pleasanton, Point Richmond, San Leandro, San Pablo, San Ramon, Union City, Vacaville, Vallejo, Walnut Creek. We have over 18 years experience in the practice of Family Law covering Child Custody, Juvenile Law, Divorce, Dissolution, Personal Injury, Criminal Defense.