Miranda, Welfare & Institutions Code § 625.6, and Juveniles

Legislating Away a Case Law Problem:
Miranda, Welfare & Institutions Code § 625.6, and Juveniles

By Robert C. Phillips
DDA (Retired)
November, 2017

During the past legislative session, Governor Jerry Brown signed into law SB 395, effective as of January 1, 2018.  This new bill sets out new and unique statutory investigative prerequisites, affecting certain minors who are taken into custody and about to be interrogated. 

Pursuant to Welfare and Institutions Code § 625.6, law enforcement will no longer be allowed to attempt custodial interrogations of minors 15 years of age and younger, nor even seek a waiver of the minor’s Miranda[1] rights, until the minor has consulted with legal counsel either in person, by telephone, or by video conference. 

Notice I did not say, “. . . has had the opportunity to consult with legal counsel.”  The statute is very specific.  Such a consultation is a mandatory prerequisite to advising the minor of his constitutional rights and subjecting him to an interrogation.  It “may not be waived.”[2]

            So why, you might ask, are we to be saddled with this apparent legislative meddling in what we have for so long considered to be a case law issue   Some might say it’s because we asked for it. 

It should not have to be repeated that the whole purpose ....

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