While some states give juveniles the right to an attorney before they appear in court – when police question them after an arrest or a detention – Pennsylvania has not yet joined them. In Pennsylvania, a juvenile may be questioned by police without a lawyer present, and if the juvenile had received their Miranda rights, their statements to police could be used against them.

Juveniles Can Request Counsel

That said, if a juvenile who has been detained by police refuses to answer questions without counsel present, the police must generally stop the questioning. They may continue asking questions if there is an urgent reason for doing so – for example, if someone is missing or believed to be in danger, and the police believe the juvenile may be able to help locate the person.

Juveniles Have the Right to Counsel During Court Proceedings

In Pennsylvania, juveniles are “presumed indigent” – in other words, courts will presume that the juvenile does not have the resources to pay for an attorney and will appoint one to represent the individual in court proceedings. Nothing, of course, prevents a juvenile or their parents from retaining their own attorney to represent the juvenile.

Older Juveniles May Waive Their Right to Counsel in Certain Situations

Any juvenile aged 14 or older may waive their right to counsel. The judge must have a conversation with the juvenile, called a “colloquy,” that is “on the record” – transcribed so that it can be reviewed later. There are a number of types of hearings where juveniles may not waive their right to counsel; these are hearings that address things such as detention, transferring the case to criminal court, accepting the juvenile's admission that they committed a “delinquent act,” whether to modify or revoke the juvenile's probation, and other similarly important matters.

Even in situations where a juvenile has waived their right to counsel, the court may assign “stand-by counsel” to be present in court and to offer advice to the juvenile.

Waivers are only effective for a single hearing or court proceeding. If the juvenile appears in another court proceeding and wishes to waive their right to counsel for that proceeding, they must do so again, following the same procedure.

Juveniles Should Have the Help of Experienced Legal Counsel

The juvenile justice process is complicated and can be difficult for adults to understand. A juvenile accused of a delinquent act deserves the advice and assistance of an experienced criminal defense attorney, someone who has represented other juveniles in similar situations and who has a thorough knowledge of Pennsylvania's juvenile justice laws and procedures.

Our Criminal Law Team has that experience. Our Criminal Law Team and the LLF Law Firm have been representing juveniles accused of delinquent behavior in Pennsylvania for years. We understand the law, the rules that apply to the juvenile justice process, and how best to protect the rights of their juvenile clients in court proceedings.

If your child has been caught up in Pennsylvania's juvenile justice system, don't delay – call our Criminal Law Team today at 888.535.3686 or reach out online to set up a confidential consultation with the LLF Law Firm Criminal Defense Team. We understand how stressful these situations can be for you and your child, and we are ready to listen and help.