Facing criminal charges is scary enough, but facing criminal charges as a minor can be extremely frightening. As a parent or guardian, you might be very concerned about your child’s well-being and their future. The best way to protect your child is to call an experienced defense attorney to help them.
After your child is arrested and charged, we should focus on securing their release into your custody. Generally, juveniles are only detained pending a trial in severe circumstances. Once we have gotten your child out of police custody, we can begin preparing defense strategies. The goal of the juvenile justice system is to rehabilitate juveniles rather than just punish them, so judges are often more willing to show leniency if it means the juvenile will benefit. If your child is adjudicated delinquent, we can work to seal their records or expunge them after they turn 18.
Call our Philadelphia, PA juvenile defense attorneys with Kenny, Burns & McGill at (215) 423-5500 to get a confidential, free case assessment.
What to Do if Your Child is Arrested and Charged with a Crime
If your child is arrested and charged with a crime, your first step should be to contact an experienced attorney for help. You and our Pennsylvania juvenile defense attorneys can visit the police station to ensure your child is okay and that their rights are protected.
Our first step should be to figure out whether the police intend to detain your child, which they cannot do without a detention hearing, as described in more detail below. Often, juveniles are released to their parents at the discretion of law enforcement.
We should then begin preparing their case and a solid defense strategy. If this is your child’s first offense, the judge in their case may be willing to show leniency. Children often make silly mistakes and push boundaries, and sometimes things get a little out of hand. If your child has a history of getting into legal trouble, we might have to fight harder to protect them.
How to Get Your Child Released After They Are Charged in Pennsylvania
Seeing their child locked up is every parent’s nightmare. Fortunately, the juvenile justice system emphasizes rehabilitation over punishment, and many juveniles are released because detention would not be helpful or necessary.
First, we should try to determine if the police intend to detain your child or if they will release them into your custody. Generally, if parents can show that the child is not a flight risk and that they are safe with the parents, police often release juveniles into their parents’ custody.
If the police want to detain a juvenile, they may not do so without a detention hearing. If this occurs, we should prepare for the detention hearing by preparing reasons why detention is unnecessary. Juveniles facing non-violent offenses may be more likely to be released.
Defense Strategies for Juvenile Defendants
Like criminal cases in adult courts, prosecutors in juvenile cases must prove the charges beyond a reasonable doubt. This is a high burden to meet, and it leaves a lot of wiggle room for us to fight the charges.
Violations of Your Child’s Rights
One possibility is that the authorities somehow violated your child’s rights after they were arrested. A common example is when children are questioned by the police while in custody about the alleged offense without a parent, guardian, or attorney present.
If this happened with your child, any incriminating information they might have inadvertently provided to law enforcement may be suppressed and not used against them.
Another possibility is that your child was detained for more than 72 hours without a detention hearing. This is a huge violation and may constitute serious misconduct on the part of the authorities.
Diversion Programs
In juvenile cases, the main goal is rehabilitation rather than punishment. As such, courts are often more willing to send juvenile offenders through diversion programs rather than detention centers.
Your attorney can help you determine what diversion programs are available for your child. For example, many juvenile offenders charged with low-level offenses participate in the Youth Aid Panel program, a community-based alternative to prosecution. Juveniles who participate in the program may perform community service and attend counseling rather than a detention center.
Plea Bargains
In some cases, it is best to work out a plea deal with prosecutors. In exchange for a guilty plea, the prosecutor may reduce or drop some charges, or recommend a more lenient sentence to the judge.
Plea deals are often a good idea in cases where prosecutor have enough evidence to meet their burden of proof, and the juvenile will likely be adjudicated delinquent.
What Happens to Your Child’s Juvenile Criminal Record in Pennsylvania
Fortunately, juvenile records do not have to follow your child forever. Often, once a juvenile offender turns 18, their records may be sealed or expunged, and they may enter adulthood with a fresh start.
Sealing your child’s records does not happen automatically. Once your child turns 18, you must submit a petition to the court to seal the records. It is best to talk to a defense attorney about having your child’s records sealed so they can help you.
Expunging juvenile records is possible under 18 Pa.C.S. § 9123(a). Expunged records are treated as if they never existed, and your child may have a clean slate. Eligibility criteria tend to vary.
One possibility is that you can have the records expunged after your child turns 18, at least 6 months have passed since they completed all the terms of their sentence, and they have not been convicted of any other offenses.
Not everyone is eligible for an expungement, and it is crucial that you ask an attorney for help.
Speak to Our Pennsylvania Juvenile Defense Attorneys for Help Immediately
Call our Philadelphia criminal defense attorneys with Kenny, Burns & McGill at (215) 423-5500 to get a confidential, free case assessment.
