Juvenile Defense

THE JUVENILE COURT PROCESS AND DEFENDING JUVENILE CASES

A PARENT SHOULD IMMEDIATELY CONSULT AN ATTORNEY FOR THEIR CHILD AS SOON AS THEY LEARN THEIR CHILD IS ACCUSED OF AN OFFENSE.

When juveniles are accused of breaking the law, petitions are filed against them in Juvenile Court. The petitions will allege that a child is either delinquent, unruly/beyond control, or truant.  A delinquent offense is an offense that an adult can also be charged with. An example of that could be DUI, assault, and vandalism.  Unruly/beyond control offense are offenses that only a juvenile could be charged with.  Examples are runaway, curfew violations, or just refusing to obey parents.  A truancy offense is one where a child is accused of not going to school. 

The  nature of the charges and the juvenile’s prior history determine how the courts handle the petition.  Some cases, such as robberies, rape or aggravated assault, would very likely result in a juvenile being detained pending trial. A first time charge of shop lifting, however, would probably result in the child being released to the custody of the parent pending the resolution of the matter.

DETENTION HEARINGS

A detention hearing is just what it sounds like. It is a hearing to determine whether or not the child should be or continue to be detained pending trial. These hearing must be held within certain time limits after a child is initially taken into custody. Sometimes the child may be sent straight to a detention facility prior to the hearing. An example would be a child picked up on Friday evening for burglary. They would be brought back within a few days for a hearing to see if the child should stay in the facility or be released to the custody of a parent. Other times, the child is detained at arraignment. The child could also be detained after the arraignment, but before trial, if the child is accused of violating any pretrial conditions, or is picked up for another petition.

The main thing to know about detention hearings is you never know whether or not a child will be detained.  Having an attorney present for the child could be the difference between a child going home or being locked up.

There are several juvenile detention facilities in the mid-state area, but Montgomery County usually uses Middle Tennessee Juvenile Detention Facility in Columbia, TN.

Parents are charged for their children staying in a juvenile detention facility. The charge has been as high as $125.00 per calendar day.  If you child is picked up Monday afternoon and released Tuesday morning, the parent is charged for two days.

There are procedures to try and obtain release for a juvenile should you feel that they are being wrongfully detained.

ARRAIGNMENT

After a formal petition has been filed with court, the matter is set for an arraignment. The child could be detained at arraignment as previously discussed. Detention can occur on cases that you might think are not so serious as to warrant detention. That is why it is very important for the parents to obtain an attorney for the child prior to arraignment.  At arraignment, the judge notifies the child and parent of the allegations against him. The matter is set for trial and the Juvenile Court goes through an intake process where the child is advised of his rights and the court gets basic personal information about the child and the child’s family.

VALID COURT ORDERS

The Court often issue “Valid Court Orders” at arraignment. These orders have conditions on them, such as house arrest. If the child is found to be in violation of the order, he can be detained.

TRIALS

The typical juvenile petition is then set for a trial.  Others may be set for transfer hearing. Transfer hearings are discussed below. At trial, the burden of proof is guilt beyond a reasonable doubt, just as it is with adults.  The child’s attorney would be able to cross examine any witnesses against him. The child has right to remain silent and cannot be compelled to testify. Witnesses can be called to testify on behalf of the child. If the child is found not guilty, the matter is resolved.  Should the child be found guilty, a subsequent disposition hearing is set to determine what the course of action will be related to the child.  Some of the things that occur at the disposition is a child is ordered to complete certain classes, perform community service, or make restitution to victims. 

APPEALS OF CONVICTION OR DISPOSITION

If your child is found guilty of an offense, you can appeal that matter.  Juvenile appeals are sent to Circuit Court for a brand new hearing. The state again would have to prove the Juvenile guilty beyond a reasonable doubt. Circuit Court will then make a determination of guilt or innocense and then hold a disposition hearing.  Once the matter is resolved in Circuit Court, you can appeal again to a higher court if you are dissatisfied with the result. If no appeal is filed, the matter is remanded back to Juvenile Court for enforcement of  the Circuit Court’s order.

TRANSFER HEARINGS

A transfer hearing is a hearing to determine whether or not a child’s case should be transferred out of the Juvenile Court into the Circuit Court where the child will be tried as an adult. Transfer hearings are typically reserved for more serious offenses including homicide, robbery, and sexual offenses such as rape and aggravated sexual battery.  Some juveniles are transferred to adult court when they have extensive histories of delinquency and are nearing the age of 18. An example would be a child with prior drug convictions or burglary convictions who is subsequently charged with felony drug charges or more burglaries.  Transfer hearings do not occur very frequently. If the Court determines the child should be transferred to adult court, any new charge against the child would also be as a adult.     

GET AN ATTORNEY FOR YOUR CHILD

The purpose of Juvenile Court is to try and rehabilitate a juvenile and to give them any treatment necessary.  This doesn’t always happen. Juveniles must have attorneys to defend their rights. It is your child’s future that depends on the decision you make for them.

Contact us about your legal matter today!