What are the rights of a juvenile offender prior to trial?

In Oregon, a juvenile offender has certain rights prior to trial. First, they have the right to remain silent and not answer any questions posed by law enforcement or other court personnel. This is important because anything they say could be used against them later in court, so it’s best to remain silent until they have legal counsel present. Second, they have the right to have an attorney present during any questioning or court proceedings. The court may appoint an attorney to the juvenile if their parents are unable to afford one, or the juvenile may hire a private attorney. This right is important to ensure that the juvenile is adequately protected and that all aspects of their case are explained to them in a manner they can understand. Third, if the juvenile is detained, they have the right to an individualized detention hearing to determine whether they should be held in pre-trial detention. These hearings generally take place within 48 hours of the juvenile’s initial arrest and include a review of the juvenile’s criminal history as well as any potential risk factors that could lead to the juvenile committing additional offenses before trial. Finally, the juvenile also has the right to have their case heard in a juvenile court and not a traditional criminal court. This ensures that the juvenile receives a fair trial and that their unique situation is taken into account when deciding their sentence.

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