Friday, October 28, 2016

Juvenile Defense: The Importance of Proper Legal Representation

There is absolutely nothing more important for any parent than the safety and the well being of his or her child. After all, children are our future – they are our legacy, they are the ones whom we live for. Hence, in case your son or daughter were charged with a crime, you will most certainly and quite naturally concerned about their future and how to help them.

With that said, the only viable option in situations like this is getting in touch with a professional, qualified as well as genuinely experienced Los Angeles juvenile criminal defense attorney at the earliest opportunity. That is right – only an expert will have what it takes to make sure that you as well as your child get the most comprehensive as well as genuinely effective legal representation out there. He will know how to approach the judge, the prosecutor and the jury in order to make sure that the legal damage is minimized or annihilated whatsoever.

There is also the matter of differences between the cases of Juvenile Delinquency and Juvenile dependency. On one hand, Juvenile Delinquency involves cases, where minors (who are under 18 years of age) commit a crime, whereas cases of Juvenile Dependency involve adults, who are charged with abuse, domestic violence or any other similar charges related to minors, who are under 18 years of age. In addition, minors, who were charged with alcohol or drug possession are being processed in informal juvenile courts.

Of course, you will want to keep your child’s criminal records clean, since those can have a negative, genuinely detrimental impact on their future lives. It is completely understandable as you will not want your child to be expelled from school, to lose the possibility to enlist into college and so on. This is also one of the most important reasons why it is crucial to find a great lawyer, who is not going to let you down.

It does not matter whether the court is viewing a case of family violence, probation, delinquency charges – the minor is going to have the following rights:
  • The right to be represented by a lawyer 
  • The right to summon witnesses on behalf of the minor 
  • The right to cross-examine or confront the witnesses 
  • The right for having a public hearing 
  • The right to have the evidence presented in court 
  • The right to appeal in case the minor does not agree with the verdict 
No doubt, the Miranda rights are just as important and every person, be it an adult or a minor, has them:
  • The right to remain silent 
  • Anything you are going to say or do may and will be used against you in the court of law 
  • You have the right to be represented by an attorney 
  • In case you are unable to afford the attorney, a public lawyer will be appointed to you 
  • Do you understand these rights as they have been read to you? 
In most cases, the records in Los Angeles Juvenile courts are sealed and therefore general public does not have access to them. Nevertheless, in certain cases, the child will need to request the court to seal those records.

When it comes to adults, the main objective of the correctional system is without a doubt punishing the offender. Nevertheless, in case of juvenile crimes, the main goal is different – the system is trying to help the child using various treatment methods and rehabilitation programs. The system is basically meant to reintegrate the minor into the society. Some of the solutions may include expensive fines, detention, community service or community supervision or even incarceration. It all depends on how serious the crime that the minor committed really was.

In case the offense was genuinely serious, the system will also put probation (formal or informal), incarceration or detention on the list. It is also important to understand that the court does not work alone The schools, social services as well as other institutions are playing a huge role in helping to reintegrate the minor into the society.

It is also important to mention that the police along with Los Angeles District Attorneys as well as probation officials have the right to decide whether or not the minor should be put into the system or released to his parents when arrested. In some cases, if the crime was genuinely serious, such as murder, the judge has the right to decide if the minor could be trialed as an adult. There were cases when 11 year old children where prosecuted in adult courts. Moreover, if the crime was serious enough, the prosecution will have the right to charge the child as an adult right there and then.

Every minor has the same rights as the adults even in the adult court. This basically implies that his Miranda rights need to be read to him or her. Furthermore, the minor has the right to have his or her parents present before the police will get to questioning. Yet, the law enforcement representatives are not obligated to tell that fact to the minor and therefore it is important to hire an experienced Los Angeles juvenile crime law office as soon as possible.

In addition, do not forget about the school expulsion process. Children may be expelled for a number of different reasons. These include drug use and possession, weapon possession (a gun or even a knife), violent behavior and so on. It is also important to have a good Los Angeles criminal defense attorney by your side in order to minimize the damage. Although the school may expel the child, the school board may suspend the expulsion. This will at least imply that the child is going to remain in the same district, even though he or she will not have the right to remain in the same school.

Hence, in case your child was arrested and is now on the very verge of expulsion, do not hesitate to find a good attorney asap.

Law Offices of Criminal Defense Experts