Juvenile Defense

When a Child is Charged With or Being Investigated for a Crime, Seconds Matter

The attorneys at Harris Legal Solutions are triple threats with experience in juvenile defense, criminal defense and family law. Though juvenile criminal actions focus on rehabilitating and protecting the child, they also have a prosecutorial aspect that can affect the juveniles’ entire future.

It can be especially intimidating for a child to be detained by police, arrested, or charged with a crime. The child’s freedom and entire future may be on the line. Children should be taught to ask to speak with a parent or lawyer as soon as possible and not answer any questions until they arrive, other than giving their name, address and parent contact information.

Why Contact A Lawyer As Early As Possible?

Children have the right to have their attorney present before and during all questioning by police and other authorities, even during what may be called an “investigation.” Children have the right to have an attorney present even if there has been no arrest or detention.

Sometimes police say children don’t need an attorney yet, because no arrest has occurred. It is important to remember that answers during an investigation can provide the basis for police to obtain a warrant to conduct a search to gather evidence. Children should exercise their right to have legal representation during even initial questioning.

When police or other authorities claim that a juvenile has violated a criminal law, most of the adult criminal laws apply. There are some significant differences, mostly based on the idea that children are not as responsible as adults would be for their behavior, are relatively lacking in judgment, and are primarily in need of rehabilitation rather than punishment.

While there are some significant differences, there are increasing instances when regardless of age, juveniles are charged and treated as adult, which can lead to much more serious consequences for the juvenile.

Some Differences between Juvenile and Adult Criminal Cases

•Traditional juvenile court cases and records are closed to public view, unlike those of adults. However, the trend is to make juvenile delinquency court records more and more public.

•Penalties are different. Juveniles are less likely to be locked up in jails or prisons for a long time. Note, however that, though less severe penalties may be imposed on the child, there can also be some rather severe consequences on the parent including loss of custody or civil liability if the parents are found to be responsible for improper supervision or poor parenting

•Juveniles do not have a right to a jury trial.

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