How Does a Court Determine if a Juvenile’s Confession is Voluntary?
Under Arizona law, courts must assume that any juvenile suspect’s confession to a crime is involuntary, unless there is reason to think otherwise. This means that if a young individual is accused of a crime, and if that individual confesses to the crime, the individual can later argue that his confession was involuntary. At that point, the state must then prove to the court that the confession was “freely given” to the police officer or detective. If the state cannot prove the confession was voluntary, the court will have to suppress the suspect’s confession.
Factors for the Court to Consider
If a court is called upon to determine whether a juvenile’s confession is voluntary or involuntary, there are several factors the court must consider. For example, case law establishes that children and adolescents are more likely to be coerced by police officers than adults. The court must consider certain facts about a juvenile suspect, such as his age, education, and intelligence. It is also relevant whether a parent was present during the questioning.
Ultimately, the most significant factor a court must consider during this assessment is whether intimidating police conduct directly caused the suspect’s confession. For example, in a recent criminal case in Arizona, the court found that a juvenile’s confession was voluntary (and therefore admissible in court) when the police officers did not offer any threats or empty promises to the juvenile. Even though the child had no parent present for the interview, and even though he was younger than 18 years old, the questioning officer did not use any intimidating tactics to get him to confess. Because of the acceptable behavior from the officer, then, the juvenile’s confession was admissible in court.
These kinds of cases can be tricky, especially given the different hurdles that a young person might face in court. At our firm, we recommend that whether you are young or old, you do not speak with the police about a crime without an attorney present. Having an experienced criminal defense attorney by your side during these interactions can make all of the difference in your case.
Do You Need a Maricopa County Criminal Defense Lawyer by Your Side?
At the Law Office of James E. Novak, we take every case that comes on our desk seriously, and we treat every client with the respect we believe they deserve. If you need a Maricopa County criminal defense lawyer you can trust, know that we are standing by, ready to fight for your rights. When your freedom is on the line, you shouldn’t have to settle for any attorney but the best, and our firm promises to represent you aggressively and zealously.
To learn more about the legal services we provide, call us at the Law Office of James E. Novak for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible regarding next steps.
