Do You Need a Lawyer for Juvenile Court?

The juvenile justice system tends to be more informal than the adult criminal system. But the juvenile system can result in serious consequences, including time in detention. Having a juvenile record can also hurt a child's future chances of getting a job, into college, or into the military. It's important to seriously consider hiring a juvenile defense lawyer or asking for a public defender if your child gets in trouble with the law.

How Attorneys Can Help in Juvenile Delinquency Cases

When a child commits an offense, their case typically starts in juvenile delinquency court. The child will be charged with the same crime as an adult, but juvenile courts handle these cases very differently. The rules, trials, outcomes, and even the vocabulary of juvenile delinquency court are different from adult criminal court. When facing juvenile delinquency charges, you want an attorney who routinely handles juvenile court cases—whether that's a private juvenile lawyer or a court-appointed attorney.

Navigate the Juvenile Delinquency System

A lawyer can help navigate your child (and you) through the complex juvenile delinquency system. This means understanding not only the juvenile delinquency rules and procedures, but also knowing the key players in the juvenile justice system. For example, it's helpful to know how juvenile judges typically rule, how juvenile probation officers handle cases, and how often prosecutors in the juvenile system file formal petitions (charges) or ask the judge to move the case to adult court.

Protect and Assert a Child's Constitutional Rights

Youth have constitutional rights. While they don't have all the rights adults have, it's important to know what their rights are and how to assert them. A lawyer can help protect a child's right to remain silent, right to Miranda warnings, right to have notice of the charges, and right to confront witnesses. Protecting the child's rights during questioning, detention hearings, and trial (called an adjudicatory hearing) is crucial.

Advocate for the Child

An attorney can also help negotiate and advocate to get the juvenile case diverted or handled informally, so the child isn't incarcerated and has no juvenile court record. Juveniles don't have a right to bail, so the lawyer can also help arrange for a juvenile's release from detention after an arrest. If the prosecutor requests a transfer to adult court, the attorney can argue against this request. Being tried as an adult carries adult consequences, which can include prison time.

Juvenile cases don't always end at sentencing (called a disposition). The child might have to go back to court for review hearings to check compliance with probation conditions or other court orders. It's also possible that a child might want to appeal their case. Their lawyer can assist in these areas as well.

Minimize the Impact of a Juvenile Case or Record

Juvenile cases may be handled informally or formally. A lawyer can help push for an informal disposition by putting together, and arguing for, a creative solution that rehabilitates the child and protects public safety. If the case ends up going through the formal process, the lawyer can still present options short of detention, such as probation, community service, educational classes, or treatment options. The attorney can also work on sealing or expunging any records associated with the allegations or disposition.

Long-Term Impact of Having a Juvenile Delinquency Record

Juveniles don't always understand or appreciate the long-lasting impact of their actions, so having an attorney who can explain these considerations is another important representation role.

On top of negatively impacting one's potential future career or educational aspirations, a juvenile adjudication can have an immediate impact. The judge could order the minor to:

• pay fines and fees
• complete community service hours, check in with probation, or attend treatment or counseling
• be placed in a juvenile detention facility or out-of-home placement, or
• register as a juvenile sex offender.

Judges can also revoke a teen's driver's license, set curfews, and send court records to their school.

If the minor ends up back in court, their record follows them. Having a prior juvenile adjudication can result in harsher punishments for a subsequent juvenile adjudication or adult conviction.

Understanding the Right to Counsel in Juvenile Delinquency Cases

Children charged with crimes have the right to counsel. The U.S. Supreme Court ruled that juveniles who can't afford an attorney have the right to a court-appointed attorney or public defender. (In re Gault, 387 U.S. 1 (1967).) Many states consider the parents' or guardians' income when making indigency determinations, but that's not the case in all states. Some states provide court-appointed counsel whenever a juvenile requests it to avoid situations where parents might forego counsel even if they can afford it.

Qualifications of Court-Appointed Counsel

Consider the assistance of court-appointed counsel if you can't afford a private attorney. Many juveniles waive their right to counsel without considering all the ramifications. They might also think a court-appointed attorney won't do a good job, but this is far from true. Court-appointed counsel are often experienced public defenders, panel attorneys, or contract counsel. All of these attorneys are licensed just like private attorneys. Most courts have minimum requirements to make sure appointed counsel has experience in the juvenile justice system.

Questions to Ask a Private Juvenile Defense Attorney

If you can afford a private defense attorney, look for one who specializes in defending juvenile cases or has someone in their firm who handles a juvenile case load. It's important to ask how much experience the lawyer has in juvenile court, whether they've defended a juvenile facing similar allegations, and if they've handled cases in the particular juvenile court where the case is being heard. The advantage of a private attorney over a court-appointed attorney is that private attorneys control their caseload and can potentially devote more time to your case.

Conflicting Opinions on Lawyer Involvement in Juvenile Cases

There are some conflicting opinions on whether getting a lawyer involved in a juvenile case is always the best thing to do.

Some juvenile court professionals say that a lawyer's involvement often prolongs cases, turning what a prosecutor might be willing to handle informally into a formal adversarial proceeding. Some probation officers, intake personnel, judges, and other juvenile court staff admit to being hostile to defense attorneys because they think the attorneys slow down already overcrowded calendars.

Others feel that it's more important than ever to get legal counsel in a juvenile case. Children are struggling to get through adolescence and can't always understand the consequences of their actions. They might waive constitutional rights without contemplating the repercussions. What they felt was a silly prank could be a felony. Juvenile records are also much more accessible these days and can follow a child long into adulthood. Proponents also highlight the importance of getting counsel as soon as possible in a case to ensure the child's rights are protected.

Getting More Information

If you're questioning whether to get a lawyer in a juvenile case, contact a few lawyers and ask questions regarding their qualifications and experience in delinquency cases. Juvenile court regulars, such as a deputy public defender assigned to the court, may also have an informed opinion on whether the minor is likely to benefit from legal representation. Also, the more serious the crime and the worse the minor's record, the more important it is to have legal representation.