Damico & Stockstill, Attorneys at Law

80 Years Of Combined Trial Experience

What Happens If My Child Is Arrested?

For almost a hundred years, there has been a separate system of justice for juveniles in the United States. Legislators in many states have attempted to design a system that focuses on rehabilitation and education rather than punishment and retribution.

Still, juvenile crime charges need to be taken seriously, and minors deserve support from an experienced defense attorney who will fight to protect their safety and future.

An Overview Of The Juvenile Justice Process

When a minor is arrested and taken into custody, they will likely be referred to an “intake officer” who specializes in juvenile justice. That officer will first evaluate the case and the circumstances, and then decide whether formal charges are necessary. Depending on the severity of the crime and the minor’s criminal history, an intake officer can decide not to move forward with formal charges and can choose instead from less severe penalties ranging from an informal reprimand to counseling, compensation for property damage, or community service.

On the other hand, an intake officer may decide that formal charges are necessary. A minor might remain in custody in a juvenile justice facility or a foster home while waiting for their arraignment, where a juvenile court judge will read the minor the charges against them. At that point, the lawyers for both sides will usually discuss whether a plea agreement is possible or desirable, or whether the case should move forward.

In the juvenile justice system, there are no jury trials and all cases are heard before a judge. The judge then makes the decision as to whether the minor should be “adjudicated delinquent,” which is analogous to being found guilty in adult court.

Having Legal Representation Is Critical

Juveniles, like adults, have the right to an attorney and the right to remain silent. If they are in custody, law enforcement must give them Miranda warnings so that they can better understand their rights before they answer any questions.

While it is important for anyone accused of a crime to consult an attorney, this is especially true for juveniles. Minors typically cannot appreciate the difference between standard authority figures (like parents or teachers) and law enforcement. Without a legal advocate by their side, their rights can easily be violated.

There Are Offenses Unique To Young Offenders

There are certain kinds of crimes – called “status offenses” – that are only crimes if committed by a minor. These would include skipping school or curfew violation, and most of the time they carry less serious punishments.

In contrast, there are crimes so severe that a judge can use a tool called “judicial waiver.” This means that a judge decides that a minor should not be afforded the protection of the juvenile justice system, but should be tried as an adult. Louisiana lawmakers have made significant efforts in recent years to make it easier for minors to be tried as adults, arguably abandoning the focus on rehabilitation in favor of simple punishment.

Understanding The Negative Impacts Of A Criminal Record

Juvenile records are sealed, which means they are typically not available to the public. If a juvenile agrees to and meets certain conditions, his or her record can be expunged – erased, essentially – when he or she turns 18.

Unfortunately, the same is not true for college students who have reached the age of adulthood. Young adults make many of the same errors in judgment that are common in juveniles, especially when they are exploring newfound freedoms in college. However, because most college students are legally adults, their actions can lead to serious criminal and noncriminal consequences. And if convicted, they may have a criminal record that follows them for years, impacting employment and housing opportunities.

As with most criminal matters, finding an experienced attorney early in the process can help guarantee that a young person receives the most favorable treatment possible. Our attorneys at Damico & Stockstill regularly represent students from LSU and other major colleges and universities as well as juvenile offenders.

Contact Us For The Legal Help You Need

At Damico & Stockstill, Attorneys at Law, we understand what is at stake when a young person has been accused of breaking the law. Whether you are a student facing charges or the parent of one, our attorneys are ready to fight for the best resolution available under the circumstances. To learn more about how our firm can help, call us today at 225-377-4964 or reach out online.