CHILDREN AND THE LAW
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Delinquency Matters
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Jurisdictional Hearing
.........Admissions to Allegations of Petition
8 Cards On This Topic:
Unusually immature 14-yr.-old may withdraw his lewd behavior admission where juvenile ct. did not give ••due•• consideration to evidence of M's immaturity and inability to understand legal concepts and proceedings.
Juvenile court clearly erred in taking M's admission before placing her on informal supervision and by allowing her to condition her admission on preservation of her speedy trial claims.
No public policy reason that a good-faith break in minor’s custody should not dissipate rule that once she asserts right to counsel during custodial interrog., questioning must cease until counsel present.
Minor must knowingly and intelligently waive constitutional rights when admitting to petition.
Minor must personally admit to allegations and personally waive constitutional rights when entering admission to petition.
Minor who admits to petition is not required to obtain certificate of probable cause to attack pretrial rulings.
Minor must knowingly and intelligently waive constitutional rights before entering "slow plea" (submission of guilt on transcript of preliminary hearing).
Minor’s admission of charge at jurisdictional hearing invalidated due to ineffective waiver of rights.