Page 14 - Juvenile Practice is not Child's Play

and to the parents. Often, parents are understandably upset after their children have been arrested and may be very

distressed when you see them. They may assume that their child is guilty of the charges brought against them before
guilt has been established and may make incriminating statements in the presence of the police. Notify your client’s
parents to be mindful of what they say, especially in and around the courthouse. Inform them that they can legally be

subpoenaed to testify against their child in court, even if they don’t want to. Suggest that they deal with their child at
home or later, but let you handle contact with the police and prosecutors. Most jurisdictions lack a parent-child
privilege and even the few States that possess such a privilege have created exceptions to the privilege. Most parents
will be amenable to absenting themselves from the interview once they understand that their presence could expose

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them to the risk of being subpoenaed to testify against the child.

When discussing case strategy, especially offers from the prosecution, you should talk to your client first and then

explain things to the parents. You must always relay an offer from the D.A. to your client, even if the parents do not
want you to. Again, you will have to be firm in explaining the attorney-client relationship with the child to the child’s
parents. Knowledge of the applicable penalty provisions is indispensable in order to answer the question – which the
client will almost certainly ask – about what kind of a sentence the client is facing. If the interview takes place prior to

the detention hearing, counsel should also be prepared to answer the client’s questions about the likelihood of avoiding
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pretrial detention.

Comprehensive interview guidelines are next but please see Appendix C for a sample Interview Checklist and sample

Release of Records and Information.

24 Id. at 124.
25 Id. at 122.