State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2101

§ 7B‑2101. Interrogation procedures.

(a)        Any juvenile incustody must be advised prior to questioning:

(1)        That the juvenilehas a right to remain silent;

(2)        That any statementthe juvenile does make can be and may be used against the juvenile;

(3)        That the juvenilehas a right to have a parent, guardian, or custodian present duringquestioning; and

(4)        That the juvenilehas a right to consult with an attorney and that one will be appointed for thejuvenile if the juvenile is not represented and wants representation.

(b)        When the juvenileis less than 14 years of age, no in‑custody admission or confessionresulting from interrogation may be admitted into evidence unless theconfession or admission was made in the presence of the juvenile's parent,guardian, custodian, or attorney. If an attorney is not present, the parent,guardian, or custodian as well as the juvenile must be advised of thejuvenile's rights as set out in subsection (a) of this section; however, aparent, guardian, or custodian may not waive any right on behalf of thejuvenile.

(c)        If the juvenileindicates in any manner and at any stage of questioning pursuant to thissection that the juvenile does not wish to be questioned further, the officershall cease questioning.

(d)        Before admittinginto evidence any statement resulting from custodial interrogation, the courtshall find that the juvenile knowingly, willingly, and understandingly waivedthe juvenile's rights. (1979, c. 815, s. 1; 1998‑202, s. 6.)