It is a nightmare to hear that your son or daughter has been accused of a crime. It is a time of utter perplexity and anxiety. I am actually the person who has spent several years with the juvenile justice system, hence I understand what you are experiencing.
You are likely to be wondering now: What should I do? What happens next? Will this ruin their life?
Take a deep breath. It depends on what you do now. The juvenile system is designed in a different way as compared to the adult system, which emphasizes change and correction of behaviors. But it never forgives early mistakes. This is your step-by-step plan of action to secure your child and their future, as well as the peace of mind of your family.
Step 1: Control the Immediate Damage and Stay Calm
The first thing you want to do is prevent the situation from worsening. It is a critical period when even good intentions can lead to grave mistakes.
1. Do Not Speak to Police Without a Lawyer
This is the most significant rule. When your child is being interrogated or arrested, you or they must insist on: I want a lawyer, and I do not want to answer any questions.
Although the police may sound friendly or may only need to clear things up, do not allow your child to speak, and do not speak yourself. Whatever either of you says can be turned against them in the future. Juveniles should get a Miranda warning, although in most cases, the stress of the situation makes it difficult to recall the warning. The right of your child to remain silent is provided by the law. Use it.
2. Locate and Go to Your Child
Learn at once the place where your child has been arrested. Is it a local police station? County juvenile detention center? Elsewhere, police are required to get in touch with you promptly when your child is arrested. In case you have not received any information, then call the local police department and request them to call the juvenile division.
When you arrive, remain calm. Your panic will only get your child more stressed. Be sympathetic to them, but reiterate that they should not speak to anyone until their legal counsel is brought in.
3. Start a Record Book
Get a simple notebook. All the actions, all the dates, all the people you will talk to (officer, social worker, court staff), and all the dollars you spent because of the fees must be written down. This book will be the greatest resource you can have to keep you organized and ensure your lawyer develops the best defense.
Step 2: Hire the Right Juvenile Defense Lawyer
The juvenile justice system is a specialty. You would not call a dentist to repair your car, and you would not call a lawyer, who does mostly divorce or real estate, to do this. You must have a person who is familiar with the juvenile court, the judges, and the personnel of the system.
What to Look for in a Lawyer
- Experience in Juvenile Court: Inquire of them how much of their practice is devoted to juvenile defense. A good answer is “most of it.”
- Knowledge of Diversion: This is key. It can also be avoided completely with a diversion program (community service, counseling), which is often the best result. Your attorney is required to know how to negotiate this alternative on the spot.
- Trial Experience: Most cases are settled, but a lawyer who has won cases in adjudication hearings (the juvenile version of trial) is strong and confident.
- Understanding of Teenagers: A good juvenile attorney knows how the brain develops and is able to convince the court as to why the teenager made such a bad decision, and how to highlight points such as peer pressure or immaturity, not necessarily guilt.
And as soon as you employ the lawyer, you will no longer need to communicate with the police and the court, and a tremendous burden will be relieved from your shoulders.
Step 3: Understand the Juvenile Court Process
The language used in the juvenile court is confusing. The initial steps your child might encounter are as follows.
A. The Detention Hearing (The First Appearance)
When your child is arrested and kept in custody, then such a hearing typically occurs within 24 to 48 hours. The judge decides two things:
- Did the child have sufficient cause (probable cause) to be charged?
- In the event that the child is taken into custody, can they be released to go home until the next hearing?
The court is aimed at maintaining the safety of the community and ensuring that the child will appear in the future. The role of your lawyer here would be to convince the court that your child should be set free to you in this instance at once.
B. The Adjudication Hearing (The Trial)
That is what the majority of individuals refer to as a trial. The judge (or occasionally a jury, depending on the state and the charge) listens to the evidence and determines whether or not the child committed the offense with which he is charged. In the juvenile court, it is not guilty or not guilty, but true or not true (meaning, did they commit the crime?).
C. The Disposition Hearing (The Sentencing)
In the event that the judge determines that the charge is true, then this is the last step. It resembles the sentencing stage of the adult court. The judge examines the entire life of the child: his or her records in school, family background, mental health history, and the very crime. The judge is interested in what can be done to assist the child rather than in the duration of punishment.
Step 4: Gather Your Child’s Background Documents
The juvenile system does not only care about the single mistake of the youth, but also wants to take care of the entire child. Much of the strategy of your lawyer will be to demonstrate to the court that it is an otherwise good child who requires assistance and not merely jail time.
Begin collecting this important documentation immediately:
- School Records: Report cards, attendance reports, and notes by teachers of good citizenship or effort.
- Medical and Mental Health Records: Documentation of any counseling, therapy, and diagnosis of ADHD, or medication. The court should be aware of the issues behind.
- Letters of Support: Ask coaches, teachers, religious leaders, or family friends to write letters discussing your child and his/her good qualities and character.
- Family History: A basic history of your family life, including whether it was stable or, as necessary, any past difficulties that have been a factor.
If your child is mentally ill, seeking a therapist or a counselor at this point demonstrates to the court that you are not messing around.
Step 5: Understand the Power of Diversion
Your best chance of a speedy settlement and a clean sheet is diversion.
What is Diversion? Diversion is where the court temporarily gathers the case or dismisses it altogether, provided that your child is willing to do some tasks outside the court.
These tasks might include:
- Community service hours.
- Drug education lessons or counseling.
- Composing a letter of apology to the victim.
- Restitution (compensation for damages).
Why Diversion Matters
When your child attends the program, the formal charge is typically thrown out; that is, there is no verdict of guilt and no juvenile record. The primary concern for your lawyer during the initial days is to plead that your child is the ideal choice for diversion. By doing this, the court will be convinced that your child is responsible but not charged.
Step 6: Maintain a Stable, Supportive Home
Your child should have a predictable and stable setting at this bewildering moment more than ever before. Being present to give structure is not only a good parenting style, but it is a legal one. The family life is closely analyzed by the court.
Your Role as a Parent is Critical
- Set Clear, Fair Rules: Wait not until the court makes rules. Provide guidelines, curfews, and expectations of school and behavior.
- Focus on Listening, Not Lecturing: Probably, your child is scared, embarrassed, or angry. It is time to hear and confirm that you love them, even though you are mad at the actions. Detach the child from the wrong decision that he has made.
- Encourage Positive Activities: Ensure that your child is not lazy in school, sports, or a part-time job. Being positive and doing so consistently now will matter when the judge makes a decision on what to do.
- Show Up: You and your child will be expected to appear punctually on all court dates, visit with the lawyer, and attend counseling. Attendance is a sign of seriousness and respect for the process.
Step 7: Look to the Future: Outcomes and Sealing the Record
The outcome at the end is all a matter of the charge, the history of your child, and the quality of the defense.
Common Outcomes
- Dismissal/Diversion: This is the most successful outcome, resulting in no official documentation, as noted.
- Probation: The child is left at home, but he/she has to live according to the strict regulations of the court (curfew, no drugs/alcohol, good school attendance, frequent check-ins with a probation officer) for a certain time.
- Placement: In the worst scenarios, or where probation is not effective, the child can be directed to spend some time in a safe residential treatment program or lock-up. This is done in serious crimes or in instances where the alternative is not safe to the child or the community.
The Teenager’s Right to a Second Chance
The opportunity to seal the record (also known as expungement) is one of the most positive aspects of the juvenile system.
Most states allow the juvenile records of a child to be sealed or destroyed once he or she gets out of probation or attains some age without any further troubles. This implies that they are not required to make the charge on school or job applications. This is why it is so crucial to fight now. You are also struggling on their behalf to get a clean sheet in the future.
Final Word of Encouragement
I know that this is a terrible, lonely struggle. However, do not forget that the life of your child has not ended. Adolescents commit errors, some minor, some huge. What you have to do now is not to judge, but to support, to guide, and to seek the best legal assistance possible.
The process is complicated, yet having a proper strategy, the appropriate attorney, and your unconditional support, you will be able to overcome this period and secure the future of a child. Take it one step at a time. The initial move is to call a lawyer.
Disclaimer: The article is informative and is not legal advice. The juvenile justice laws vary according to the state, and they change frequently. You need to talk to a lawyer in your locality to help you with your situation.
I also write regularly on Medium. If you’d like to explore more of my work, you can read my articles there.