Defense of Juveniles

David Relles is experienced not only as a juvenile defense lawyer, but also as a criminal defense lawyer for adults.  Though juvenile criminal actions focus on rehabilitating and protecting the child, they also have a prosecutorial aspect that can affect the juveniles’ entire future.  David’s experience with adult criminal law is invaluable for his juvenile clients.

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

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.

Right to a Lawyer

Juveniles may be represented by a court-appointed public defender.  The main advantage that a private lawyer can offer to the juvenile client (as compared to a public defender) is the amount of time spent working up the defense case.  Public defenders tend to have heavy case loads due to chronic under-funding by the state and may have limited time to spend on each case.  Some public defenders may have only a few years’ experience, given the turnover in some offices.  A veteran trial lawyer experienced in both litigation and juvenile criminal matters will have a better chance of achieving a better result.

It doesn’t matter if the child is believed to be innocent or guilty.  RLM will protect the child’s and parents’ rights to the full extent of the law.  Just contact us as soon as possible at (608) 257-2243 x226 and exercise your right to remain silent until we arrive.  Our goal is absolutely clear in every case: to get the best possible result for our clients, and to protect their rights.

Six Things for Parents, Children and Lawyers to Consider in Juvenile Delinquency Cases

1. Parents do not want their child to be judged to be “delinquent” if it can be avoided.  This is the juvenile system’s equivalent of a criminal conviction record for an adult.  And for many parents and their children, out-of-home placement or incarceration, even in a juvenile hall or other holding facility, is undesirable.
2. Avoid blaming, judging or preaching to the child.  Direct your attention to the future and to problem-solving.  Beware of dependency and co-dependency behaviors.
3. Juvenile cases are often life-changing for the child, either positively or negatively.  Everyone involved in the case must take it seriously, work hard, and fight hard.
4. The lawyer should make sure that the client fully understands what is at stake, what the outcome goal is, and why.  The lawyer should be sure to listen to the child and to his or her concerns.
5. Often in the juvenile justice system, the child’s lawyer and parents are outnumbered by social workers and other counselors.  This is a weakness of the juvenile system.  Lobby and persuade all of the players when you can, where you can.  Listening to them is essential.
6. The lawyer should be sure that his client hears and understands the concerns of others involved in the case and should encourage the child to take those concerns to heart.  Help the client to develop insight into how others perceive them.  Help the client to learn and understand tactics and strategies to win.  Solicit the client’s personal involvement in the case.  Help him or her to understand how to communicate effectively with others involved.