Navigating the Juvenile Court System
It can be a very worrisome and concerning things when a police call arrives informing you that your child has been arrested. After you find out what the child did and how serious it is, it is very important that you figure out how to get your child out of jail.
You will not have to get an attorney if the child was arrested for a minor infraction of the law. However, it is a very good idea to find a lawyer if your child was arrested for a serious charge.
The way to tell between a minor infraction and a serious crime is whether or not your child is likely to Cialis Jelly face probation or a second charge related to the crime. The juvenile sentences have become much more severe in recent years.
In the past, the court accepted the fact that those younger than 18 years old would mess up and needed time to learn. This consideration was reflected in the law in the fact that those under 18 years of age were not punished like adults.
Today, opinions have changed and this consideration is not found within the law. Even in states where juveniles are still not punished like adults, their sentences are much more severe than in the past.
However, the trial is the perfect opportunity to try to get more leniencies in a sentence or to question whether or not your child actually committed the crime. In trial, it is very helpful to have an attorney who knows the ins and outs of the law and can fight for your child.
It is also very helpful to know the terminology associated with the juvenile court system. First of all, the guardian ad litem is the attorney that stands up for your child in court free of charge.
In many juvenile courts, the juvenile will be assigned to a diversion. When the child finishes the diversion program, viagra 100mg dosage the court is often lenient enough to withhold any permanent court record concerning their infraction of the law.
These diversion programs are selected specifically for your child and may include work, study, treatment, or counseling. These constructive activities often help teens realize their mistake and change the direction of their lives.
A more serious infraction of the law may result in SRS custody. SRS custody is the transfer of your child from your home to a social and rehabilitation services Silagra center for a time.
If this happens you should work with your attorney and social worker to create a case plan. The case plan will have to be approved by the court and will detail time periods and processes that will allow your child to return to your home.
After your child is allowed to return home, they are often put on probation. Your child will be required to meet defined requirements set by the court and the performance of your child will be monitored.
This period of probation is referred to as aftercare. Do your best to encourage your child to meet the requirements of the probation and help them feel supported.
If the court believes that the parent of the child is responsible for the child’s infractions of the law, they will draw upon the idea of Parens patriae. This phrase means “state as parent.”
This idea is that the state has a responsibility to play the role of the parent in a case where the parent has ultimately failed. This includes cases where the parent has neglected their child.
In cases where the juvenile has committed a crime that is severe enough to be prosecuted in criminal court, the judge will override the juvenile court’s responsibility to rule on the case and send the juvenile to the criminal court. This is known as a judicial waiver.
In these cases, your child is considered to have committed a juvenile delinquency. This is defined as an action that would be classified as criminal if the criminal was not younger than 18.
Author Bio: Jack Landry has practiced law in the Midwest since the late 80s and lectures at many prestigious universities across the country. He has written hundreds of articles about attorney Overland Park Kansas and related subjects.
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Jack Landry
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http://darrellsmithlaw.com
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