Juvenile Law Information Center
What To Do If Your Child Is Arrested
There can be few more frightening or intimidating telephone calls that a parent can receive than one saying that his or her child has been arrested. The initial reaction of most parents is to panic. However, your first task is to avoid giving in to that panic. Your child needs your help now. To help you and your child in this most difficult time, you should consult the experienced juvenile defense attorneys at Roberts Law Group, PLLC in Raleigh, North Carolina, as soon as you can after learning that your child has been arrested.
As a parent, your second task is to keep the disciplinarian in you from clouding your judgment. Many parents of children who are arrested for relatively minor offenses, such as vandalism or shoplifting, are inclined to let the justice system "teach a lesson." Although all children need discipline, a child who is under arrest faces a system that is going to be far more frightening and intimidating than any he or she has ever encountered before. Your child needs your support.
What Happens Now?
After a child is arrested, the officer in charge decides whether the child should be held in custody and charged, released or transferred to another program. This decision is based on information obtained from the victims of the crime, statements, or admissions made by the child and any past records the child may have in the juvenile justice system.
Nearly half of all juvenile court cases are heard informally. Most of these cases end up being dismissed with an "informal disposition." This happens when the child admits guilt and agrees to settle the charges by meeting requirements set by the court. Among these requirements may be:
- Restitution—the child is required to reimburse the victim for the property damage he or she caused
- Community service—the child is required to spend a certain number of hours working in the community without pay
- School attendance—the child is required to attend school regularly and make satisfactory grades
- Counseling—the child is required to participate in counseling for drug or emotional problems
Although the hearing is labeled "informal," it is a serious manner, with potentially severe consequences. Legal representation is important at this stage of proceedings. Before the hearing, you should consult a experienced juvenile defense attorney at Roberts Law Group, PLLC.
When the requirements are set and all of the parties agree, the child will be placed on probation while he or she meets the obligations set by the court. During this probation time, the child will be monitored by a probation officer. After all of the requirements are met, the case will be dismissed. If the child fails to meet all of the requirements set by the court, he or she may have to face a formal hearing.
If a formal hearing is necessary, a decision will be made as to how the case will be heard. In many states, a formal hearing may be held in either juvenile or criminal court. The prosecutor usually has the discretion to decide where the hearing will take place. Most cases involving juveniles are heard in juvenile court. Many states have laws that require some serious offenses to be heard in criminal court.
Conclusion
A juvenile arrest is a serious matter and needs to be dealt with seriously. Accordingly, if your child has been arrested, now is the time to consult a experienced juvenile defense attorney at Roberts Law Group, PLLC in Raleigh, North Carolina.
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