It’s a call every parent dreads. On the other end of the phone is a police officer, telling you your child is in custody facing criminal charges. You might feel furious, scared, helpless — or most likely, all three. It may well be your first experience with the justice system. What do you do?
Be Familiar with the Process
Start by educating yourself. The terms used to describe juvenile cases differ from what you might expect. Adult cases begin with “warrants” or “indictments.” Juvenile cases start with “petitions.” Situations involving adults are called “criminal cases.” When a juvenile is involved, they are known as “delinquency cases.” Children are usually found “delinquent” instead of “guilty.”
All juvenile cases in Fairfax are filed with the Juvenile and Domestic Relations District Court. After the petition comes the detention hearing. These are held daily in Fairfax. You’ll be told when your child’s hearing is scheduled. Your child’s trial rights will be explained at the hearing, and a trial date will be set. The issue of custody pending trial will also be addressed. Your child may be released to your care or held in custody at Shelter Care or the Fairfax County Juvenile Detention Center. The former is similar to a group home facility, and the latter is a juvenile version of prison.
When your child’s trial date arrives, he or she has several options. Like an adult, your child can plead guilty, not guilty, or nolo contendere (meaning “no contest”). A guilty verdict will result in sentencing. There is more flexibility in juvenile sentencing than you might expect. This is because the court looks at a broader range of factors when sentencing a child.
Does the process above sound confusing and variable? That’s because it is. The juvenile justice system is unique. There are many options you most likely aren’t even aware of. That’s why the next step is so important.
Find an Experienced Juvenile Crime Attorney
The best thing you can do for your child is to find a knowledgeable lawyer to represent him or her. After all, your child’s future may be on the line. Being proactive will give you and your child the best chance of obtaining a favorable outcome.
To navigate the juvenile justice system successfully you need to work with someone who knows how it functions. Look for an attorney who has experience with juvenile cases. It’s even better for your child if the lawyer knows the local judges and prosecutors.
If you’re in the Fairfax area, Faraji A. Rosenthall has the experience and knowledge you and your child need. We’ll fight for your child the way we’d fight for our own. Get in touch with our offices to find out how we can help.
