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 ....

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