Juvenile Unit

For juveniles outside of Albuquerque, contact your local public defender office or your local court.

Delinquency (Spanish)

What to expect if your child is being investigated for an alleged criminal act:

A Public Defender (PD) is a state-appointed attorney. Juvenile clients DO NOT have to apply for a Public Defender. By law, all juveniles are assigned a Public Defender as their attorney when a Petition is filed in Children’s Court.

• Neither you nor your child have to participate in an investigation. This means DO NOT answer any questions about the incident without an attorney!
• Your child will not be assigned a Public Defender until a Petition is filed.
• The Petition is the charging document alleging that your child has committed a delinquent (criminal) act.
• In Children’s Court, a crime is referred to as a delinquent act.
• If your child is being investigated but has not been charged with a delinquent act you have two options: Consult your public defender or hire a private attorney.
• BEFORE speaking with ANYONE about the incident, especially police, detectives, deputies, investigators, probation officers or educators (if the incident occurred at school).

What rights does your child have:

If your child is being accused of committing a delinquent act, it is important to understand that they have Constitutional Rights available to them, commonly referred to as Miranda Rights:

• The RIGHT to an attorney. This is essential, it is not enough to have a parent/guardian present when a child is being investigated/questioned
• The RIGHT to remain silent
• The RIGHT to confront their accusers and ask them questions
• The RIGHT to present their own evidence and witnesses, and
• The RIGHT to appeal – what does this mean?

If your child chooses to go to trial and present a defense and the judge or a jury finds that they DID commit the delinquent act(s) your child can ask that a higher court take a second look at the case.

Police often rattle off these rights so quickly that the child doesn’t understand.

It is important NOT to agree to WAIVE these rights or sign a WAIVER of these Constitutional Rights.

Know whom you are talking to:

When a child is being investigated, you and/or your child may be contacted by several people who may refer to themselves as:

•  Police
•  Sheriff
•  Detectives
•  Investigators
• Probation Officers
• District Attorney or Children’s Court Attorney in Children’s Court

What are their roles:

• Police/Sheriff/Detectives/Investigators – To investigate if an allegation that a crime (or delinquent act in Children’s Court) has been committed

Do you or your child have to speak with them? NO!

Remember your child has the right to remain silent!

• District Attorney/Children’s Court Attorney – The person/entity responsible for deciding if a criminal case (or delinquent case in Children’s Court) should be filed against the child

Do you or your child have to speak with them? NO!

Remember your child has the right to remain silent!

• Probation Officers – To determine if a case should be referred to the District Attorney or Children’s Court Attorney for filing and to conduct a Preliminary Inquiry to gather information about you and your child, which will be used against them later

Their main objective is to do what is “in the best interest of the child” That DOES NOT mean do what the child wants

Do you or your child have to speak with them? NO!

Remember your child has the right to remain silent!

• Public Defender/Attorney – These are one in the same, and this is the ONLY person that you or your child should be talking to, because their only job is to DEFEND your child and do what your child wants

This is the only person who MUST keep anything that your child tells them confidential.

What if my child answered questions without an attorney or agreed to waive their Miranda Rights?

Don’t worry. We can still help. Just call our office and ask to speak with an attorney.