It’s a given that every parent will have to spend some minutes of the day correcting their child’s behavior. Children need to be told and reminded of what is correct and what isn’t. But what happens when your child’s bad behavior gets them in trouble with the law?
Parents are challenged with the task of defending their child without even when they know their child was wrong.
Here what you should know when your child is charged with a crime:
Your Rights
In the case a minor has been arrested, the parents or guardians must be informed right away. Law enforcement can’t question the child without a parent unless the there is a need to do so to prevent harm to other individuals or property.
In specific cases, law enforcement can question the child provided that a third-party adult (usually Child Protection Services) is present in the room to ensure that the child is being treated fairly at all times.
Just like adults, children also have the right to ask for a lawyer before speaking with law enforcement.
Are Children Tried In Court?
A child can’t be tried in court unless they are above the age of 7, but generally this is avoided and the lawyers will push the case to be settled out of court. In the US, prime candidates for juvenile court are 15years old. In certain circumstances, children between the ages of 12 and 18 may be tried as adults.
First-Time Offenders
If a child has gotten into trouble for committing a minor offense or behaving badly, their case can be settled outside of court.
Bail and Remand
In the scenario that your child has been charged, the court will set a bail so they can await the trail from their homes, or they may be remanded and forced to remain in custody until their hearing.
If your child is found guilty and convicted, their sentence will be determined by the juvenile court.
Does My Child’s Case Have to Be Taken To Court?
Note that if a police officer doesn’t want to refer a minor to juvenile court, they don’t have to. Police officers are expected to use their own judgment when deciding whether a child should and shouldn’t be taken to court.
If the police officer doesn’t want to take a child’s case to court, they can do the following:
The minor can be detained and released after being given a warning
The minor can be detained until their parent or guardian picks them up
The minor can be taken into custody and referred to juvenile officer
When a minor is referred to a juvenile officer, it’s their responsibility to decide whether the case can be handled out of court or do formal charges need to be filed.
Hire a Lawyer
If your child has been charged with a crime, the first thing you should do is hire a lawyer that has the skills to build a strong case and defend them in court. A good lawyer can be help dissolve the charges altogether or reduce the punishment sufficiently.
Attorney Norley E. Castañeda is an experienced criminal lawyer based in Suffolk County who has handled an array of cases including DWI, sex/drug offenses and violent offenses.
If you’re looking for a criminal defense lawyer in Suffolk Country to defend your child, contact Castañeda’s office at (516) 286-3486.