Criminal Practice – Juvenile – Self-Incrimination – Late Warning

At his trial on an assault petition, the juvenile defendant testified that he threw a full, unopened milk carton at his teacher’s face, thereby intentionally striking her. Only after his testimony did the trial court inform the juvenile that he had the right to remain silent and that his testimony could be used against him as evidence. This violation of G.S. § 7B-2405 was prejudicial error.

We reverse the trial court’s orders on adjudication and delinquency and order a new trial.

In re J.B. (Lawyers Weekly No. 011-283-18, 6 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Juvenile Court (David Strickland, J.) Geeta Kapur for juvenile-appellant; Janelle Varley for the state. N.C. App.