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There’s a good chance you’re a parent or guardian reading this in a desperate search for an attorney to help your child. We get it. As parents ourselves, we understand that nothing matters more than your own children.
So what do you do next? That’s the easy part of this difficult situation. Just give us a call for a free consultation.
We have put together answers to some frequently asked questions for juvenile cases below. By all means, read through them, but again, the best way to address the specific issue you or your loved one is facing is to simply reach out to us.
Some good news: the juvenile justice system is set up to help your child succeed, not as much to punish them as it is in the adult system. You will get through this, and we’re here to make sure of it.
There is no bail in juvenile court, only one of the following:
Good question, but tough to answer. Most cases can be resolved in the 3-6 month range, while others can take substantially longer.
Not likely, as the vast majority of juvenile convictions are eligible to be completely SEALED. This is a better remedy than vacating/expunging a conviction in that once a conviction is sealed, it cannot be used against a juvenile for any purpose.
For example, a sealed conviction will not come up on a background check, and it also allows you to lawfully say you have never been convicted (this assumes there are no other convictions on your record).
It depends on what the conviction is for. For most offenses, it is two years, and for others, it is five years.
While possible, again, this can be avoided in most cases. Many cases fall under what is referred to as local sanctions, and if not, most remaining dispositions are measured in weeks rather than months or years.
No, trials are conducted in front of a judge, rather than a jury. The jury system is set up as a right to be tried by one’s peers. With a juvenile case, there can’t be a bunch of kids on a jury.
Due to the lack of a right to a jury trial, fewer juvenile cases end up going to trial when compared to adult cases (and it’s already a low percentage in adult court).
You will generally need to be present for your arraignment, where a plea of not guilty is entered. That said, depending on the jurisdiction, you may be able to make this appearance via Zoom.
After that, you may not need to appear at pre-trial hearings either in person or via Zoom. In many jurisdictions, attorneys can handle these appearances for our clients.
If the case is going to resolve through a plea agreement of some kind, then you will likely need to be in person for that.
Overall, juvenile courts are generally pretty good about knowing that the most important place for kids to be is in school, and thus work to minimize disruption.
There can be in many circumstances. While the case is pending, you will be assigned a probation officer who will meet with both the juvenile and parents/guardians on a semi-regular basis. Then, once the case is resolved, there is often an additional period of probation.
No, and there are times when that can be for the best. Even if you are the one paying attorney fees, your child is the client. There will be attorney-client privilege that exists between your child and his/her attorney.
While juvenile registration used to be much more broadly applied, the good news is that it is now much more restricted, meaning that many sex crimes do NOT require juveniles to register as sex offenders. The answer will depend on what the conviction is ultimately for, which is frequently different than whatever the original charge was.
If a case is not going to be dismissed and trial is not an advisable avenue, then a SSODA can represent a very good alternative, as the name suggests.
This is an involved process that is best discussed in person or over the phone rather than in an FAQ. That said, in short, a SSODA involves undergoing a psychosexual evaluation and follow-up treatment in lieu of time in custody.
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