Juvenile Defense
Not Sure Where to Begin with Your Juvenile Defense Case?
A Juvenile defendant is treated differently than an adult. In Juvenile court, the goal is the rehabilitation of the minor, not punishment for a crime. Unfortunately, one youthful mistake can have lasting consequences in the future for a young person. A misdemeanor or felony conviction will cast a negative light on any job or college application.
I understand there is nothing more important to a young person than their future. I will fight for you or your son or daughter as I would for my own. The first goal is to fight to get the criminal charges dropped. If that isn’t possible, a plan goes into place immediately to minimize the end consequences of a criminal charge.
Juvenile Criminal Defense in Michigan
Michigan’s juvenile justice system operates separately from the adult system, emphasizing rehabilitation over punishment. The goal is to provide young offenders with opportunities to learn from their mistakes and reintegrate into society as productive citizens, rather than impose harsh penalties that could have long-term adverse effects.
Juvenile cases in Michigan are typically handled in the Family Division of the Circuit Court. The focus is on the best interests of the child, considering their age, background, and potential for rehabilitation. Minors are generally not tried for “crimes” but rather for “delinquent acts.” However, in cases involving severe offenses, a minor may be tried as an adult if the court deems it necessary, which can result in harsher penalties and placement in adult correctional facilities.
Legal Representation and Defense Strategies
Having skilled legal representation is crucial for juveniles facing delinquency charges. Our team of attorney’s will assess the circumstances of the case, protect the minor’s rights, and advocate for alternatives to detention, such as counseling, probation, or diversion programs. Strategies may include challenging the evidence, negotiating plea agreements, or arguing for leniency based on the minor’s age, mental health, or social environment.
Long-Term Implications
Juvenile offenses can have lasting consequences, even if the case is handled within the juvenile system. A delinquency record may affect future educational and employment opportunities. In some cases, attorneys can petition for the expungement of a juvenile record, allowing the individual a fresh start. Families and legal counsel often work together to ensure that the child receives the support and resources needed to move forward positively.
FAQs
What is juvenile defense?
Juvenile defense involves legal representation for minors (under 17 years old in most cases) who are accused of committing a crime. The goal is to protect the rights of the juvenile while focusing on rehabilitation rather than punishment.
How does Michigan’s juvenile justice system differ from the adult system?
The juvenile justice system in Michigan focuses on rehabilitation and considers the best interests of the minor. Unlike the adult system, juvenile cases are usually handled in family court, and penalties are designed to help the minor reintegrate into society.
What types of cases are handled in juvenile court?
Common cases in juvenile court include theft, vandalism, drug possession, assault, and traffic violations. More serious offenses, such as violent crimes, may result in the minor being tried as an adult.
Can a juvenile be tried as an adult in Michigan?
Yes, in certain cases involving serious offenses like murder, armed robbery, or sexual assault, a juvenile may be waived to adult court and tried under adult criminal laws. This typically happens when the court determines that rehabilitation in the juvenile system is unlikely.
What are the potential consequences for a juvenile offense?
Penalties can include probation, community service, counseling, fines, or placement in a juvenile detention facility. In some cases, the court may impose educational or therapy requirements.
Will a juvenile record affect a minor in adulthood?
Juvenile records in Michigan are typically confidential and not accessible to the public. However, some records may be reviewed for future criminal proceedings or by certain employers or educational institutions. Expungement is possible for many juvenile offenses.
What is the role of a juvenile defense attorney?
A juvenile defense attorney advocates for the rights of the minor, negotiates with prosecutors, and works to minimize penalties. They may also help the juvenile access rehabilitative programs and ensure the case is handled fairly.
Can parents or guardians be held responsible for a juvenile’s actions?
In some cases, parents or guardians may be required to pay restitution for damages caused by their child’s actions or participate in certain court-ordered programs.
How does Michigan handle school-related offenses?
Offenses occurring on school grounds, such as bullying, drug possession, or fighting, are often handled within the juvenile justice system. However, schools may impose their own disciplinary actions, such as suspension or expulsion.
Are juveniles entitled to the same legal rights as adults?
Yes, juveniles have constitutional rights, including the right to an attorney, the right to remain silent, and protection against unlawful search and seizure. A juvenile defense attorney ensures these rights are upheld.
What is diversion in the juvenile justice system?
Diversion programs offer an alternative to formal court proceedings. These programs often involve counseling, community service, or educational workshops and aim to prevent future offenses without a formal conviction.
How can a juvenile record be expunged in Michigan?
Juveniles can apply to have their records expunged after meeting specific criteria, such as a waiting period and demonstrating good behavior. Expungement makes the record inaccessible to most employers, schools, and the public.
