When Kids Get Arrested: What Every Adult Should Know

1. Overview of Juvenile Court

7 1 Overview of Juvenile Court TOP TIPS 1. Children who have been arrested are entitled to important legal rights. The most important of these rights is the right to an attorney. 2. Children should NEVER give up (waive) their right to have a lawyer. 3. Children are different from adults: their brains are still developing and they may not be able to think like adults. ALWAYS WORK WITH AN ATTORNEY Trying to navigate the juvenile justice system without a lawyer is like trying to be your own doctor. You might be able to do it, but it is definitely not smart. Ever since Gerald Gault got sentenced to six years for making a prank phone call, children who get arrested have been entitled to important legal protections.1 The most important of these rights is the right to be represented by a lawyer, even if you cannot afford one. Unfortunately, although the Gault case secured legal rights for children, many well-meaning adults encourage children to waive these important rights. Of the approximately 2.1 million children who get arrested each year, in some parts of the country as many as 80 to 90 percent waive their right to counsel.2 Waiving the right to an attorney is telling the court you don’t want the help of a lawyer. This is crazy! Waiving your right to legal counsel denies you the expertise of a trained professional who will focus specifically on the child’s case and give advice about potential outcomes. So, why do so many concerned adults encourage children to waive the right to a lawyer? In my experience, the explanation for refusing a lawyer falls into one of three categories: • I don’t have time: usually stated as “I just want this to be over with” or “I’ve got to get back to work.” • Juvenile court is no big deal: most frequently stated as “my brother-in-law (or the security guard outside, or the sheriff, or the prosecutor) told me that it is best if my kid just admits to the charges.” • I don’t need a lawyer because my child “did it.” None of these reasons makes any sense. I Don’t Have Time for This First, I understand that your work is very important. However, if you are going to miss work for something, this is an extremely good reason. The juvenile court system is not something to rush through. Slow down and make sure you understand everything that is happening to the child. Juvenile court may require several court appearances. When you take the time to work with a lawyer, your case may move more slowly. Remember, however, that admitting guilt gives your child the label of “juvenile delinquent.” This negative label may follow the child far into the future. Why rush into it? Make sure the state has a real case against your child. Make sure you understand the consequences. At any point in the process you can always admit to the charges. That option never goes away. It may seem to you that when you go to juvenile court all you do is wait around and nothing happens. Even if it appears as though nothing is happening, it is still very important that the child is with a responsible adult at all times. If you are concerned that missing work will cause you to lose your job, try to find an alternative adult to accompany the child. A family member is preferred, but a teacher or religious figure or coach will also substitute well. 8 THE JUVENILE JUSTICE PROCESS This Is No Big Deal—My Brother-in-Law Told Me So First, being found guilty in juvenile court is a big deal. Having a juvenile record can have a big impact on the child’s future. Secondly, not to disparage your relative, but consider the source. What legal expertise or bias/motive might the individual have? Does the prosecutor need a conviction to advance her career? Does the sheriff want to get home quickly so she can get to her second job? Gathering information is good, but be very selective about who you take advice from when it comes to a child’s juvenile case. I Don’t Need a Lawyer: My Kid “Did It” Think for a second about all the children of celebrities who get arrested in Hollywood for doing something stupid. Did they...