All the above mentioned rights can be split into four major categories. These categories include; when the juvenile is arrested, in detention, when going to diversion, and when going to Court. When the juvenile is arrested, one has the right not to talk and remain silent. He/she is allowed to talk to an attorney or a lawyer, and when one cannot afford to hire one, there is a right to get an appointed lawyer on his behalf. At any point, the juvenile is allowed by the law to exercise the rights, not answer to any questions and at the same may decide against making any statements.
In the case where the juvenile is under the age of 12 years, one cannot waive the above mentioned legal rights. It is only the parents or their legal guardians who are allowed to do it on the juveniles’ behalf (Nelson, 1998, p. 43). While in detention, there is a right to an appointed interpreter if proceedings are conducted in a non-English language. It is compulsory that the juvenile must never remain in detention unless the following are there: • ‘probable cause’ determination which must be done within 48 hours of the juvenile’s detention,
• Hearing of detention which must be within seventy two hours of the filed information, • Filing of information within seventy two hours of the juvenile’s detention. It is important to note here that these 72 hours do not include holidays, Saturdays, and Sundays. If it happens that the juvenile has to go to diversion, one has the right to communicate with a lawyer appointed by the Court as he/she decides between going to Court or to diversion. A lawyer becomes inevitable in case one decides to go to diversion especially during the process of working out the diversion agreement.
When diversion is the option the juvenile wants, a Court appointed lawyer is not provided and must make arrangements for a private lawyer. The diversion unit is also required to provide an interpreter in the event that the juvenile is a non-English speaker. On the same note, parents and/or guardians are liable for the diversion services costs (Lou, 2005, p. 89). At the time the last resort is going to Court, parents and the juvenile have the right to be summoned and given notice in time.
When the juvenile wants a lawyer and cannot afford one, then a Court appointed lawyer must be provided. Similarly, the parents and the juvenile have the right to an interpreter appointed by the Court if they are non-English speaking. Furthermore, parents have the right to attend all Court hearings related to their children’s case. In the case where a juvenile goes to a state or governmental institution, parents and/or guardians may be required to meet the court-appointed lawyer(s)’and detention costs.