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an adult has been charged with a crime, parent goes to court alongside his or her a sentence that includes state custody

and it’s important to have an informed child, the juvenile has a better shot of or incarceration, the more common
lawyer on your side.
staying out of trouble in the future. The sentencing includes probation, the

detention hearing happens when a ju- imposing of a fine, required community
Who Is a Juvenile?
venile has been held in custody for more service duty, in- or outpatient counsel-

The definition of a juvenile varies than 48 hours. A judge will decide if the ing or treatment, or financial restitu-
from state to state, and in Tennessee
child should return home or remain in tion to those affected by the offense.

a juvenile is defined as anyone who is custody until the next hearing. If the Punishments for convicted juveniles
under the age of 18 and who has never minor was arrested but never detained, usually last until his or her eighteenth

been transferred to adult court. Juve- then you will attend an Arraignment birthday, but there are some instances
nile crime is prosecuted on the federal, hearing instead, and this is where the where the jurisdiction of a crime lasts

state, and local levels, and punishable charges will be brought forth.
until the nineteenth birthday. If the
offenses range from the mundane The next type of hearing is the child has a criminal history or if the

(traffic violations, delinquency, misde- Adjudication or disposition hearing. crime is particularly heinous, the judge
meanors) to the profane (murder, rape, This is the equivalent to the sentenc- may want to try the juvenile as an adult,

felonies). No matter the accusation,
ing hearing of adult court. If the judge and this could cause the retributions
a lawyer well-versed in both juvenile finds the juvenile to be guilty, he or she to much more severe. The growing

law and criminal defense will help you will determine the juvenile’s sentence trend is to try minors as adults, but the
make sense of the process while guar- at the same hearing. You and your child early involvement of a skilled juvenile

anteeing the least amount of negative may also be required to attend Review defense lawyer may help prevent this
impact on your child possible.
hearings after the sentencing to check from happening. The proceedings of a

Minimizing damages to your child’s in on the condition of the juvenile.
juvenile criminal case are just as com-
future is the number one goal of any There are some marked differences plex as those held in adult court, and

juvenile defense lawyer. Whether your between adult and juvenile courts. the best way to navigate the process is
child has been accused of a misde- While both are held in a courtroom, ju- by using a skilled lawyer in defense of

meanor or felony crime, your attorney venile court is held behind closed doors your child.
will work to preserve the rights of your and usually without a jury. Juveniles A unique facet of juvenile offenses

child throughout the course of the trial.
also have the right to confidentiality of is that they can be expunged from the
Just like their adult counterparts, records whereas adults do not. Juvenile record of the person who committed the

children accused of a crime maintain court also handles the matters of chil- crime. This allows for greater ease when
certain rights under the law. These dren who are subject to neglect and/or applying for future jobs, and your law-

rights include the right to remain silent, abuse, whose parents cannot take care yer will be able to help with this process.
the right to cross-examine a witness tes- of them, and those whose behavior puts If your child has been accused of a

tifying against him or her, and the right them at risk or in need of services.
crime, the best help you can give them
to be represented by a lawyer. Seeking is the aid of a qualified attorney. The

qualified counsel will help protect your Time and Punishment
next best thing you can do is support
child in this stressful and vulnerable A juvenile convicted of a crime will your child during this difficult time in

time and make sure he or she receives often receive a punishment that is mild your lives. The combination of a dedi-
rightful treatment during proceedings.
compared to the same crime commit- cated lawyer and concerned parent can

ted by an adult, because the aim of make all the difference when it comes
What Happens in Court?
juvenile court is to reform delinquents to ensuring the future happiness and

There are different types of hear- instead of punishing them outright. success of a delinquent.
ings that you and your child might be This means that sentencing in juvenile

required to attend. While your attorney court is considerably less harsh than T. Scott Jones is Managing Partner at the Law Ofices of Banks &
can waive the requirement for the par- what goes on in adult court. While it’s Jones, where the attorneys practice in many legal areas, includ-

ent to attend, studies show that when a
not uncommon for a minor to receive
ing Personal Injury and Criminal Defense. www.banksjones.com

maRcH aPRiL 2014 cityviewmag.com 149