It may be tempting for parents already stressed by the child's arrest, to try to avoid the expense of hiring an attorney. They might conclude that the offense is not very serious, and so they can "handle it themselves." This would be a mistake. Here is why.
A relatively minor offense that would result in no jail time in adult court can result in the Juvenile Judge's ruling that the minor comes under the jurisdiction of the Court. What might only be a fine for an adult can result in a 15-year-old's removal from his home or commitment to the custody of the Juvenile Jail Authorities until his 21st birthday. That would be six years! The Court's power over the juvenile is quite broad and comprehensive. It is not considered harsh "punishment" because theoretically, everything that is done is for the welfare of the minor, not for punishment. If the judge sees the home environment as damaging, he can remove the minor. If he considers the minor very dangerous, he can have him locked up for years.
It is wise not to underestimate the far-reaching effects and consequences of the Juvenile Court's power. It is particularly unwise to use one's experience with adult court as a basis for deciding how seriously to take the Juvenile Petition. Similarly, the juvenile's parents should find a lawyer who specializes in Juvenile Law, though many criminal defense attorneys also do a great deal of juvenile defense work.
Attorneys' fees can vary widely. Juvenile law attorneys with the most experience or greatest reputation command the largest fees. These may range from $1,500 to $10,000, or more if the matter must actually be tried before the Judge. There are no jury trials in Juvenile Court. Obviously, all things being equal, hire as experienced an Juvenile Law attorney as you can afford, and one you feel comfortable with.
The juvenile law lawyer's should be found and hired as soon as the parents learn of the arrest or charges. There is no right to bail in Juvenile Court, so the attorney's early assistance can be crucial in convincing the judge to let the minor go home while the case is pending.
The family of the accused juvenile should gather up the following things to take to the juvenile law attorney on the first meeting to avoid delays: The minor's birth certificate, documentation of school work (grade reports, special projects or awards), documentation of employment (wage stubs) or of church or temple activities, copies of prior Juvenile Court records or police reports, and the checkbook. The juvenile law lawyer will have to deal with any prior "criminal" history, so it is best for him or her to know of it at the earliest time. If the child has a health condition that might make it hazardous to be kept in custody, take along proof: a letter from the doctor, prescriptions or even prescription bottles. If you know of witnesses who can help your child's case, bring along the names, addresses and phone numbers.
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