When your child has been accused of committing a crime, you require immediate intervention from a juvenile law attorney who knows how to protect your rights and negotiate the best possible result according to the facts and applicable law. Don't delay. Contact our firm today to schedule a consultation with juvenile law attorney.
An Advocate for Your Son or Daughter
Experienced Representation for Juveniles in Trouble
As a parent, you may be torn between holding your child accountable for poor choices and wanting to shield them from harsh consequences. The law firm of Christopher T. Adams, P.C. works to ensure that your son or daughter's rights are protected and that they are treated fairly in the juvenile justice system or school proceedings.
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Frequently Asked Questions about Juvenile Matters
Q: What is juvenile court?
A: Children who break the law are subject to a separate judicial system called the juvenile court system (in some states, the court may be called Family Court or Probate Court). Generally, the focus of the juvenile court system is more on rehabilitation than on punishment. In some cases, however, older juveniles who commit crimes that are serious will be charged as adults and tried in the adult criminal courts. In such cases, sentences will be in accord with adult punishment, whereas in juvenile court any incarceration is usually in a rehabilitative setting and generally ends when the juvenile attains the age of majority.
Juvenile courts in many states also hear cases involving the abuse or neglect of children.
Q: What is the maximum age for juvenile court?
A: The most common maximum age for a child to be in juvenile court is seventeen years, although some states set a maximum of fifteen or sixteen. Some states set different ages for particular types of crimes. In most states, cases involving a juvenile of any age may be transferred to adult court.
Q: What is an "adjudication"?
A: An adjudication is a finding by a juvenile court that a child committed a delinquent act. An adjudication is generally not considered a conviction for a crime and will not deprive the juvenile of civil rights, such as the right to vote.
Q: Does an adjudication stay on a child's record?
A: Juvenile court proceedings are, with a few exceptions, confidential. The public is not allowed to attend court hearings, and the records are not opened to the public.
In most states, an adjudication stays on a child's record only for juvenile court purposes, to determine if a child is a repeat offender, or if the conditions of probation have been complied with. Once a juvenile becomes an adult, his or her record is permanently sealed, and cannot be reopened for any purpose.
Q: Are children locked up in the same places as adults?
A: Federal law strongly discourages keeping children confined with adult offenders or suspects. The law requires physical and visual separation of juveniles and adults. Usually, a child is to be confined with adults for no more than six hours, while awaiting a transfer to a juvenile facility.
Since the goal of the juvenile court system is to rehabilitate rather than punish, juveniles who are incarcerated are sent to places different from adult jails. Many juvenile facilities are more like an ordinary residence than a prison.
Q: What is "diversion"?
A: Many cases involving juveniles are not heard in court. The child's case is handled by another agency, usually a public or private social services agency. This is known as "diversion." The child, the child's parents and the agency come to an agreement about how to handle the child's offense. This will often involve meeting certain conditions, such as, restitution, community service, counseling or school attendance. If the child meets all of the agreed conditions, the case will be dismissed without court action. If the conditions are not met, the child may be referred to juvenile court.
Q: What is "restitution"?
A: Restitution involves ordering the juvenile to pay the victim a sum of money designed to compensate the victim for the monetary costs of the crime, usually, property damage. A juvenile court will often order restitution as a condition of probation.
Q: We have paid for the damage done by our child, the victim says he's satisfied and the matter is closed. Will the court drop the case?
A: Probably not, although the fact that restitution has been made will be considered by the court. Forgiveness by the victim or parental punishment may be a factor in determining the court's sentence, but it is not a reason for the case to be dropped.
Q: What is a "status offense"?
A: A status offense is an offense that would not be a crime if committed by an adult. The most common status offenses are truancy, curfew violations or underage consumption or possession of alcohol. Other status offenses include "incorrigibility."
All states have enacted laws or rules that provide that status offenders may not be sentenced to incarceration.
Q: Do we need a lawyer to represent my child even if my child is innocent?
A: Every child involved in the juvenile court system needs an attorney. Children who have not done anything wrong are still in need of zealous representation throughout the process to ensure that their rights are protected and that the truth prevails. Employing the services of a seasoned veteran of criminal defense law is the best way to prevent injustice.
Q: If my child simply intends to plead guilty, why does he or she need a lawyer?
A: In some states, your child may not be allowed to plead guilty unless he or she has spoken with an attorney.
Even if your child is guilty of the crime with which he or she is charged, it is imperative that you seek the advice of counsel so that your child can maximize the opportunities to move ahead toward a brighter future. Juvenile defense attorneys are needed to equalize the balance of power between the child and the prosecution and to ensure that your child's constitutional rights are preserved.
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