Criminal Defense of Immigrants



 
 

§ 12.21 A. Conviction - Juvenile Court Adjudication Not a Conviction

 
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Ninth Circuit

JUVENILE - ADJUDICATION REVERSED FOR DEPRIVATION OF RIGHTS UNDER FJDA TO IMMEDIATE NOTIFICATION AND PROMPT ARRAIGNMENT, AND TO THE RIGHT TO ADVISE FROM RESPONSIBLE ADULT PRIOR TO INTERROGATION REQUIRING SUPPRESSION OF C
United States v. C.M., 485 F.3d 492 (9th Cir. May 8, 2007) (adjudication of delinquency of a juvenile Mexican national for transporting illegal aliens and related counts is reversed, and the juvenile information dismissed, where the juvenile was deprived of his rights under the Juvenile Delinquency Act to immediate notification and prompt arraignment, and to the advice and counsel of a responsible adult prior to interrogation; and a resulting confession was highly prejudicial and should not have been used against him to initiate his proceedings).

 

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