By Edwin J. Viera, New York News Connection
A bill under consideration in New York would ensure children have access to legal counsel when they are taken into police custody.
The Children’s Early Access to Counsel Act would make the right to speak with an attorney mandatory and non-waivable for anyone under the age of 18. Supporters of the legislation cite data showing that roughly 90% of children waive their right to an attorney during police interrogations, often because they do not fully understand their Miranda rights.
José Pérez, program strategist for the Children’s Defense Fund of New York, said young people who are arrested may be frightened and vulnerable during questioning.
“A frightened 15- or 16-year-old can still be isolated, pressured and manipulated by the police officers,” Pérez said. “Police officers, when trying to solve a case, are lawfully and legally allowed to lie to the suspects.”
The legislation has been introduced in previous sessions and has generally received positive feedback from advocates. Opponents have argued that existing laws already provide minors with adequate protections while in police custody.
The bill is currently under review by the Senate Finance Committee.
Pérez said there are still misconceptions about what protections currently exist for minors. While many people assume children are automatically guaranteed access to legal counsel before questioning, he noted that only four states currently require children to have access to an attorney before waiving their rights.
He also argued that New York applies age-based restrictions in many areas of life, including voting and the purchase of tobacco and alcohol products, but does not apply the same standards when children are arrested.
“We don’t want them to do certain things that are not age-appropriate,” Pérez said. “But when they get in trouble, we treat them as if they’re the most mature adult ever. And young people don’t just become adults because they committed an act.”
Pérez added that New York could further strengthen youth justice efforts by creating a Youth Justice Innovation Fund. The proposal would direct existing Raise the Age funding to community organizations that provide services for people ages 12 to 25, including educational support, job training and internships, and mental health counseling.
