Your Child, Juvenile Court, and Juvenile Charges

If Your Child is Arrested, Does a Child Need an Attorney
Juvenile’s Rights During Questioning, Can your Child be Treated as an Adult, Does a Juvenile Record Affect Your Child’s Future

If Your Child is Arrested

If your child is arrested police are not obliged to contact you immediately.  They may question children before there is any parental involvement as well.  Juveniles have the same civil rights as an adult including the right to an attorney and the right to remain silent, however, the law requires that the juvenile enforce those rights him or herself.  In other words, at the moment of contact with a police officer it is required that the juvenile both ask for a lawyer and refuse to provide a statement if the child wishes to remain silent.  It is almost always better to remain silent until you consult with an attorney. With a proper consultation your lawyer will be in the best position to advise whether it is in the client’s best interest to make a statement to the police.

The biggest difference between adult and juvenile court in Ohio is that a juvenile does not have the right to a jury trial.  Juvenile judges generally have wide discretionary powers to recommend punishment that is likely to lead to rehabilitation.  If the crime is a serious one of if this is a repeat offense there may be an ameanability hearing in which the juvenile court judge will decide whether a child is to be tried as an adult or in juvenile court.  State laws vary concerning the age in which children can or should be tried as adults.  Your attorney can advise you as to the law in your state.  Generally, trial in juvenile court is far better for a child as the primary goal of a juvenile judge in Ohio is the rehabilitation of your child.  In addition, a convicted child may have the opportunity to have the juvenile criminal record removed later thus providing the opportunity to enter adult life with a clean criminal record.  

Does a Child Need an Attorney

If a child is brought before a juvenile court he or she has all of the basic civil rights of an adult with the exception of the right to a trial by jury.  This means if a child is arrested he or she has the same rights to legal representation as an adult.  If the child is accused of a serious crime the prosecutor may choose to have the child tried as an adult.  If this is the case the child will appear before the juvenile court at a special ameanability and/or bind over hearing to decide whether or not the case should proceed in regular criminal court.  These hearings may have serious consequences.  If the child is found guilty in the trial as an adult he or she can be liable to the same punishment as an adult criminal.  It is important that a child be properly represented during any trial whether it is in juvenile court or regular criminal court.  If your child is accused of a crime, you should immediately contact an attorney.