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When Does A Child Need An Attorney?
Has your child been accused of a crime and you are not sure what to do next? Consult with a juvenile defense attorney right away. Your child has the right to an attorney, just like an adult. However, a juvenile law attorney has specific experience defending minors. They understand juvenile court rules and procedures, which are a lot different than those for an adult.
If your child has been charged with a minor misdemeanor, and this is their first offense, it may not be necessary to retain an attorney. However, if your child has been charged with a felony, a major misdemeanor, or a second misdemeanor charge, it is recommended you consult with a juvenile defense attorney.
A juvenile offense is committed by someone younger than 18. Examples of some charges that are specific to juveniles include:
• Truancy
• Delinquency
• Curfew violations
• Possession of alcohol
Juvenile cases may also arise from crimes not specifically restricted to juveniles, such as drug possession, theft, assault, driving without a license, or other motor vehicle violations.
By retaining a juvenile ...
... defense attorney prior to going to court, you can help increase your child’s chances in court. A lawyer can possibly:
• Contact a probation officer and the district attorney before the juvenile petition is filed.
• Try to convince probation not to request that the petition be filed.
• Request your child’s release.
• Request that probation informally supervise your child without a petition filed.
• Suggest to probation a rehabilitation program to help your child.
• Petition the district attorney not to file charges.
• Request that the case be handled informally without going to court.
• Ask the district attorney to file lesser charges.
• Convince the district attorney that the case does not merit incarceration.
• Fight to have your child acquitted of all charges at trial.
A defendant may retain a juvenile defense attorney at any stage of his or her case, whether it is during the investigation or the day before arraignment. You also have the legal right to represent your child, but it is often a bad idea because you are going against a prosecutor that is well versed with the law.
Preparation is the key to successfully defending your child. Getting a head start gives your juvenile defense lawyer the opportunity to get a good grasp of your child’s social history and the child’s version of facts, map out a strategy for the initial detention hearing as well as future court dates to help seek release for your child.
Do not hire an inexperienced juvenile defense lawyer. Your child's freedom and future are at stake. Most criminal defense attorneys concentrate their practice on adult cases and rarely practice in juvenile court. Because of this, not all criminal defense lawyers have the experience needed to effectively represent children in juvenile court. Some of the rules are different in juvenile court, for example. Make the wisest choice possible in selecting a defense attorney for your child.
Want to learn more about juvenile defense?
Get more information: http://www.abazalaw.com
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