Juvenile Delinquency

In juvenile law, the criminal process isn't like that of adults. Instead of being charged with a specific crime, juveniles are usually charged with being a delinquent or engaging in delinquent behavior. The case is brought before a juvenile court judge who sentences the delinquent. Juvenile court's sole purpose is to rehabilitate, however, much of the time it seems like punishment.

Juveniles do not have the same rights as adults. They don't have the right to a trial by jury. If a juvenile is accused of committing a very serious offense, such as murder or rape, the District Attorney may decide to try the offender as an adult. The minimum age for a juvenile to be tried as an adult is differs from state to state, but can be as young as fourteen. Helping a minor who is charged with a crime requires specialized experience in order to protect that person from the overwhelming power of the government. The defense of a juvenile case is a team effort: you and your attorney are that team.

If your child has been arrested, the first thing you need to do is find out why he or she was taken into custody and what needs to happen for the child to be released.

A minor who is found guilty of committing a crime may be declared a "juvenile delinquent," and the judge then determines what action would be appropriate. The youth may be sent to a reform school or another public institution, placed in a foster home, or returned to his or her parents and placed on probation.

If your child has been charged with a felony or a misdemeanor, it is STRONGLY RECOMMMENDED THAT YOU HIRE A juvenile defense attorney.

Juvenile Dependency

The Juvenile Dependency System is encompassed in the juvenile law and has two goals, to protect the children in your family and preserve and strengthen the family at the same time. Often, you will know if you are the focus of a CPS/CFS (Child Protective Services/Children and Family Services) investigation by an unannounced visit or a phone call from a social worker. You must take whatever measures appropriate to contact an attorney IMMEDIATELY.

If the social worker (CPS/CFS), after his or her initial investigation, decides to file a petition in the name of your children for reasons of parental neglect, etc. . . you will be notified of the court date.

If your children are taken into protective custody by CPS/CFS, the parent must be informed by the most efficient means available:
1. that the child is in custody;
2. the nature of the process, and;
3. how a parent can regain custody.

All of this usually takes place before you have had a chance to contact a juvenile lawyer who works in the area of juvenile law.

WITHIN 48 HOURS A SOCIAL WORKER CPS/CFS MUST EITHER RELEASE YOUR CHILD
OR FILE A PETITION

You could risk losing custody of your children at the detention hearing or even before the court hearing. YOU MUST CONTACT AN ATTORNEY WHO WORKS IN THE AREA OF JUVENILE LAW/JUVENILE DEPENDENCY IMMEDIATELY. It is unwise to appear before a judge without an adequate legal representation. Juvenile Dependency law is a unique area of law and you will need an attorney who works in the area of juvenile law/juvenile dependency who works in the area of juvenile law that is experienced in that area juvenile law to best advocate for you.

WHEN A CHILD IS TAKEN. . .

A CHILD 10 YEARS OR OLDER, WHEN TAKEN BY CPS/CFS HAS THE RIGHT TO TWO PHONE CALLS, ONE TO A PARENT AND THE OTHER TO AN ATTORNEY. The child must be given this opportunity no later than one hour after being taken into custody, unless it is physically impossible.
The calls must be at the public expense, if to local numbers, and in the presence of a public officer or employee.

YOU HAVE THE RIGHT TO BE ABLE TO CONTACT YOUR CHILD NO LATER THAN FIVE HOURS OF THE SOCIAL WORKER CPS/CFS TAKING YOUR CHILD. YOU HAVE THE RIGHT TO HAVE A PHONE NUMBER OF THEIR WHEREABOUTS AND THE ABILITY TO SPEAK WITH THEM UNLESS THE CONTACT WOULD BE DEEMED DETRIMENTAL TO THEM.

If a child is detained they may be released to a relative or non-relative extended family member. (An extended non-relative family member is one who has established a relationship with the child similar to a familial relationship or a mentoring relationship, like a grandparent.) Inquire immediately turn over the names of relatives and make sure there are witnesses or proof that you have turned over their names, phone numbers and addresses.