Misconceptions about Juvenile Charges and Proceedings

Due to common misconceptions and a lack of knowledge regarding the potential impacts of a child being charged with a juvenile offense, many families choose not to involve an attorney or hire a family lawyer with little or no experience in the juvenile system. 

While juvenile proceedings are technically not criminal proceedings they can result in serious immediate and lifelong consequences that can change the course of your child’s life.

Juvenile courts are different than adult courts in a variety of ways and only an experienced juvenile defense attorney can help avoid pitfalls and take advantage of all the legal processes and strategies that can drastically affect the outcome for your child.   Juvenile proceedings do not involve a jury. A judge determines the outcome of a case and imposes sanctions. An experienced attorney understands the factors that judges take into consideration when determining the outcome of a case.

Don’t Underestimate the Impacts of Juvenile Charges and Sanctions

Parents want to do everything in their power to provide the best possible futures for their children. It is important not to underestimate the negative consequences that can result from juvenile charges and the benefits that having an experienced juvenile defense attorney on your side can have.

Depending on the nature of the offense, upon arrest your child may be held overnight in a secure detention facility and may be then be held for up to 21 additional days subsequent to a detention hearing.  This process alone can be traumatizing to a child and family.  Also while jail is technically not a sanction in juvenile cases there are a number of other dispositions that involve removal from the home including being be sent to residential or treatment programs or to a juvenile detention center until the age of 19 (and 21 in some cases).

In addition to potential removal from the home, being charged with a juvenile offense can:

• Result in a permanent, unsealed juvenile arrest record. Juvenile records are not as private and confidential as people think.
• Affect ability to access scholarships and grants
• Limit choice of colleges and programs
• Exclude career choices including the military and many professions
•  Result in jail time and other extreme consequences if case is upgraded to an adult court

Get the Help You Need to Protect Your Child’s Future

Involving an experienced juvenile defense attorney as soon as possible after your child is charged with a juvenile offense is the most important action you can take to mitigate negative impacts and achieve the best outcome for your child. From the very first day after an arrest and through every phase of the juvenile court process an experienced attorney can intervene in ways that can change the course of events, reduce trauma, and protect your child’s future.

For example your attorney can:

• Investigate the circumstances of the arrest and gather important pertinent information from the child and family that may be effective in having charges dropped by the prosecutor through pre-trial motions
• Aggressively intervene and present mitigating circumstances during the detention hearing increasing the chances that  the child can return home or receive in-home detention rather than experiencing extended secure detention
• Review the accuracy of Detention Risk Assessments which are used to determine how long your child must remain in secure detention.
• Work with the accused child on presentation and appearance which can positively impact the judges perception of the child and resulting decisions by the court
• Work with parents to assess and independently address the child’s rehabilitative needs. By voluntarily addressing the child’s needs the court may be convinced that court intervention is not necessary.
• Help the family determine if waiving the right to a speedy trial, accepting a plea agreement, or submitting to state run or funded diversion or other programs is in the best interest of the child. Depending on family resources, arranging private treatment may be preferable if the court agrees to this option.
• Conduct an independent investigation and use the findings and all available legal mechanisms to prevent your child from being tried as an adult in cases of serious criminal charges
• Fight to prevent victims of offenses from receiving compensation in excess of their total loss

Don’t take chances with your child’s future!  If your child has been charged with a juvenile offense you should contact an experienced juvenile defense attorney right away.

Bianco and Mansfield

Juvenile Defense Attorneys in Pasco County

727.843.0097