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When a child under the age of 17 commits a criminal act, they go through a process called “juvenile delinquency proceeding,” which is similar to adult criminal court but handled differently under Wisconsin law. In these cases, it’s important to hire an experienced attorney who specializes in juvenile defense to ensure the best outcome for your child.
At Richards & Associates, we have experience in challenging waiver petitions to adult court. Depending on the age, maturity, and nature of the charge, the prosecution may seek to move the case from juvenile to adult court. This decision is based on whether it is in the best interests of the community and the juvenile. Our attorneys have successfully argued against such petitions in many cases, and have the expertise to prepare a strong defense for your child.
Juveniles also have the right to a trial, but not a formal jury trial. Nevertheless, it’s important to have an experienced defense attorney who can argue the case and defend your child’s rights. We can review police reports, challenge any unlawfully obtained evidence, and prepare a trial strategy that meets your child’s goals.
Even if your child remains in juvenile court, the consequences of a delinquent finding can be severe. These may include removal from the home, curfew, community service, restitution, counseling, and more. As experienced attorneys, we will recommend and argue for the least restrictive options to keep your family together.
Even children need an experienced, successful defense attorney
When a juvenile (somebody under 17-years old) commits a criminal act, they are usually subject to a “juvenile delinquency proceeding.” These proceedings resemble adult criminal court, but Wisconsin law handles these proceedings differently than the adult cases. Accordingly, you need a juvenile delinquency attorney who has regularly secured great outcomes for juvenile clients. Richards & Associates has that experience.
Here’s what you should know when deciding whether to hire a juvenile defense attorney for your child:
We can challenge waiver into adult court.
Depending on the age, maturity level, and nature or seriousness of the charge, the prosecution (district attorney) could seek to waive or transfer the juvenile and his or her case into adult court. Adult records, unlike juvenile records, are public records, whereas juvenile cases are private, confidential matters. The issue of whether a juvenile should be tried as a juvenile or an adult boils down to “whether waiver into adult court is in the best interests of the community and the juvenile?” This complicated question requires an experienced juvenile defense attorney.
Attorney Associates has successfully argued against juvenile waiver petitions in many Racine juvenile cases – ranging from burglary to sexual assault of a child. He has worked closely with Lincoln Hills School administration, local counselors and treatment providers to prepare a strong, intelligent response to the waiver legal question of whether it is in the community and/or the juvenile’s interest to have him or her tried as an adult.
Consequently, a parent or family member should hire a juvenile defense attorney like Richards & Associates, as we are experienced at preparing and handling waiver hearings can make the difference between a confidential juvenile record and a public adult record.
Juveniles have a right to trial.
Although juveniles do not have a right to a formal jury trial, juveniles still have a right to a court trial. The prosecution must still prove that the juvenile committed the charge offense beyond a reasonable doubt, so the same benefits to hiring a skilled and experienced trial attorney apply in providing a solid defense.
We recommend a skilled, experienced defense trial attorney like the team at Richards & Associates. To prepare for trial, we will defend our clients as follows:
- Request, review, and explore all police reports, witness statements, and discovery documents;
- Challenge unlawfully obtained information, where police have conducted an unreasonable or unlawful search and seizure;
- Investigate additional witnesses or potential evidence that favors our client;
- Strengthen our client’s ability to testify on his or her behalf through focused questions designed to help a client articulate what he or she recalled from the incident;
- Design and prepare a trial strategy and defense that meets our client’s goals.
We can influence the range of court sentencing/disposition options
Even if a juvenile remains in juvenile court, the consequences of being found “delinquent” are still very serious. A juvenile court can order a juvenile to any or all of the following punishments:
- Removal from the home and placement at a residential home;
- Curfew;
- Community service;
- Restitution to victims;
- Counseling and drug testing;
- Letters of apology and essays;
- Suspension of driving privileges;
- Meetings with social worker;
- No contact with other students or friends;
- Correctional Facility Placement (secure detention, Lincoln Hills School).
As experienced juvenile defense attorneys, our job is to recommend and argue for the least-restrictive sanctions, such as in-home supervision, programming, and strict court-supervision. Removal from the home can be a painful and very detrimental experience, so hiring a juvenile defense attorney can keep your family intact.
Many of the same processes and experiences discussed above, meeting with family members, counselors, school staff, and the client, can help develop a strong strategy and argument for lesser sanctions or penalties, and at-home placement during the term of any court-ordered supervision.
We can request expungement after a juvenile turns 17
Even though juvenile records are held confidentially, the court still has authority to expunge or remove from the record a juvenile’s case. This great outcome is not automatic. Hiring a juvenile defense attorney can best-position you to argue for expungement.
The juvenile court will consider any or all of the following when deciding whether to grant expungement:
- Has the juvenile satisfactorily complied with the conditions of his or her court order and supervision?
- Will the juvenile benefit from expungement?
- Will society be harmed by expunging the juvenile’s record?
Whether arguing against waiver, a harsh juvenile court order, or for expungement, hiring one of our top rated juvenile attorneys can substantially benefit your child or family member facing juvenile delinquency charges. Call Richards & Associates today at 262-632-2200 for a free initial consultation.