March 18, 2018

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Juvenile Defense Questions

Will my child have to spend time in jail?

Jail time is possible for children convicted of juvenile crimes, especially for minors with multiple offenses who have already participated in Diversion. Your juvenile defense attorney will use careful legal strategy to avoid this route and help your child get dropped charges or alternative sentencing.

What are the odds of getting a Diversion program instead of a conviction?

The juvenile court system seeks to rehabilitate minors and prevent them from engaging in criminal behavior as an adult. As such, all efforts are made to provide the kind of education, guidance, and support necessary to prevent repeat offenses. An experienced criminal defense attorney from our list of Juvenile Defense Lawyers can fill you in on all of the alternative sentencing options and let you know what the courts look for when evaluating cases for Diversion.

Can my child be tried as an adult?

For certain serious felonies, a judge may decide to try an underage person as an adult. Certain crimes like murder and sexual offenses may be automatically remanded to adult court. In these cases, the accused may face the maximum jail time allowable under law. Your attorney will do everything possible to see to it that your child is tried in juvenile court.

How can I get my child out of custody?

You will be asked to appear at the detention hearing, where a judge will listen to the arguments of your attorney and the prosecuting attorney. At this time, the judge will issue a decision as to whether or not your child is allowed release. Typically, the accused minor will not be released if he or she is considered a threat to the public, has violated a court order, has outstanding warrants, or is considered a flight risk.

Can my child invoke the Fifth Amendment?

Absolutely. Your child is not obligated to speak to police or the prosecuting attorney, as stated in the Constitutional amendment that protects freedom of speech. Since your child’s words may be used against them during the prosecution process, it is best to let an attorney serve as intermediary between your child and the state.

To set up a personal legal consultation to discuss your child’s charges, please contact a juvenile defense lawyer online.