What is “police contact”?
This is when police stop you or come up to talk to you. Afterward, they will typically do one of these things:
- Take you to your home or call your parent;
- Detain you and take you to juvenile detetnion; or
- Let you go.
If police take you to your home or call your parent
The police will send a report to the county juvenile department so that they can decide if any more action is needed.
If police detain you and take you to juvenile detention
If you are under 18, police can detain you if:
- They have enough evidence to believe you committed a
felony, had a
firearm or destructive device, committed a crime where you
physically hurt someone else, or committed
disorderly conduct in the first degree (making a false report about an emergency such as a fire or bomb threat, with the intent to cause alarm).
- You
ran away from another state.
- You have a
warrant out for your arrest.
- You are charged with violating your
conditions of release or probation.
The police cannot detain you for:
-
Violations. These are less serious than misdemeanors and felonies but they are still something where you might have to pay a fine. Examples are things like parking tickets. -
Status offenses. These are things that are only illegal if juveniles do them, such as running away, breaking curfew, or having alcohol or tobacco.
-
Things you do when you’re younger than 12. If you are under 12, they cannot detain you without having a court review. The court has to find that it’s in your best interest to be detained.
If the police let you go
Even if they release you, the police officer may turn in a report about what happened. They may send the report to your
local juvenile department and the
district attorney’s office.
After that, one of two things might happen:
- The juvenile department might refer you to diversion/early intervention. Diversion is when your issue is handled informally by the county juvenile department, with no court involved. The juvenile department might require you to complete some type of program to avoid legal charges.
- The district attorney might have a legal sufficiency review. There are three possible outcomes of this review:
-
Legal sufficiency not found: They might find that there IS NOT enough evidence to move forward. If this happens, they will close your referral.
-
Legal sufficiency found: They might find that there IS enough evidence to move forward. If this happens, they will do one of these two things:
- Send your issue back to the juvenile department to be handled informally (see diversion above).
Or
- Issue a petition to the court, and you will be summoned to appear in court.
You Have The Right To An Attorney
You have the right to a court-appointed attorney for any matter, whether it starts informally as an FAA, or you are charged with a violation, misdemeanor, or felony.
- You do not need to file any paperwork to receive an attorney.
- Neither you nor your family has to pay for your attorney.
- Your attorney’s job is to protect your rights. They make sure you don’t talk about your case with anyone without legal advice. You should not be questioned or interviewed without your attorney there, or without their consent if they cannot be there.
Important Information on Waiving Your Right To Counsel
Although you may waive your right to counsel, you should
not be encouraged to do this. You will only be allowed to waive your right to counsel if:
- You are at least 16,
- You have met with an attorney about this decision,
- The court has held a hearing about this decision, and
- You have signed a written waiver.