When Kids Get Arrested: What Every Adult Should Know

6. Should the Child Take a Deal or Go to Trial?

69 6 Should the Child Take a Deal or Go to Trial? TOP TIPS 1. Getting probation is not beating the case—the child will still end up with a criminal record. 2. Juvenile records count. The child’s record will not automatically disappear when he becomes an adult. (See chapter 7 for more details.) 3. Take your time. Resist any pressure to admit to charges— make your own decision once you have all the facts. 4. Evaluate the strength of the state’s case and the child’s defense. Fourteen-year-old John sat with his father in the courthouse hallway . It was the first court hearing since the detention hearing. John had gone to the attorney’s office for an interview, but the attorney didn’t have any of the paperwork from the case yet. The attorney told John he would get the discovery today, and then they would talk about the case. John watched all the people coming in and out of the courtroom . Once in a while a person would come out and call someone ’s name. Finally, a lawyer named Kevin came out and called John’s name. John and his father went down the hall with the lawyer, and stood near a window. “I just got the discovery,” Attorney Kevin said. “They are offering probation. I know we haven’t had a lot of time to talk, but if you want to take this, you’re going to need to let me know soon. If you don’t want the deal, we can schedule this for trial.” John’s father didn’t know what to say. He knew that John had done some of the things he was accused of, but not all of them. Finally, John asked his lawyer, “Is this a good deal?” • • • Every defense attorney knows that working out a good deal is sometimes the best possible outcome for a child. But how would a concerned adult know if it is a “good deal”? When would the child be better off taking the case to trial? In this stage of the juvenile court process, many different words are used interchangeably. For example, “pleading guilty,” “taking a deal,” and “admitting to the charges” all mean that the child is choosing to resolve the case without going to trial. Likewise, the term “trial” in juvenile court is the same thing as the “adjudicatory hearing” or “delinquency hearing.” Finally, “disposition” or “disposition hearing” is the same as being “sentenced .” (For a quick review of terms see chapter 1.) PLEADING GUILTY IS FINAL In most cases, it is extremely hard to undo or withdraw a guilty plea. It is not a decision to make quickly or under stress. In some jurisdictions, concerned adults and their children will feel tremendous pressure to take a deal not because it is the best thing for the child but because it is convenient for the court. Pleas are overused as a result of the enormous volume of cases that move through juvenile court. A variety of factors may push a child toward a nontrial disposition, but there is no guarantee of receiving a lighter sentence if he or she pleads guilty quickly. Every child has the right to a trial, and it is at the trial that important due process rights are protected. Once a child admits to the charges, most of these rights are given up. The purpose of a trial is for the judge to figure out whether the child did the crime. At a trial the state has to prove that the child did it. Admitting to the crime (pleading guilty) means there is no need to have a trial. 70 THE JUVENILE JUSTICE PROCESS Make sure you really understand the deal that your child is taking. I can’t tell you how many times I’ve heard young people say to me, “I beat that case, I got probation.” Getting probation does not mean you “beat the case.” Getting probation means your child pled guilty, is under court supervision, and now has a criminal record. Frequently, when a child is first arrested, the prosecutor will offer some term of probation with or without conditions. Sometimes this is a good deal, sometimes it is not. Make sure you understand the future consequences of the juvenile court adjudication. IS IT A GOOD DEAL? IMPORTANT FACTORS TO CONSIDER WHEN DECIDING WHETHER TO TAKE THE PROSECUTOR...