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Does my child (juvenile) really need an attorney or lawyer?
in Articles, Criminal Law, Juvenille, family law
The most important piece of information regarding children and our legal system is to know and understand that a juvenile has the same rights afforded them under the United States Constitution. Regardless of their age, children have the same protections and rights as an adult when arrested in a criminal matter. For purposes of definition, a child in Texas is any one that is at least 10 years old and no more than 17 years old. Having a Houston lawyer involved early in your case will assist your child in getting the best possible outcome. A Houston lawyer will do his best to get the case reduced to eliminate any possible jail or detention, however it is important that the involvement of an attorney occurs early in the process. You should always advise your child to not make any incriminating statements, which may harm his case. The only requirement of a child when speaking with law enforcement is to give his name, parent’s name and phone number. Your child must be read his Miranda rights (i.e. the right to remain silent, the right to an attorney), and your child is protected under the constitution in all matters, just as if he/she were and adult. Some states do not require a parent or guardian to be present when a juvenile is arrested and detained for questioning, so your child should now that he/she does not have to answer questions by a police officer. A juvenile has a right to an attorney and any law enforcement officer must stop questioning if the child invokes his right to counsel. Your child should also know that law enforcement personnel could lie, use trickery, and scare tactics within reason to get the child to confess to a crime. It is in the best interest of a child to not answer any questions until an attorney has arrived. If a juvenile asks for his/her parent or guardian, it is not the same as requesting counsel; therefore a qualified Houston lawyer should be present to assist your child in his defense. The law requires the police to notify a parent or guardian as soon as possible when they arrest a child and where they are holding the child; they must also inform you of your rights. The police may not be obligated to allow you to speak with your child, so it is important that you retain a Houston lawyer to advise you and your child immediately after you are aware of the arrest. When a juvenile is arrested, Texas requires the juvenile to have a detention hearing within 48 hours, The detention hearing is where a determination or probable cause will be made by the court and a decision will be made as to whether the child should be held for further action. After the initial hearing, a subsequent hearing will occur within 10 working days and then every 10-15 working days afterwards. Your Houston lawyer will attend these hearings with your child to protect his rights and to defend him/her. The law generally does not like to detain children and unless a reason exists that the court feels your child will not appear for a hearing, the court will most likely release the child into your custody. As your Houston lawyer will advise you, cooperation with the court and agreeing to have the child appear at all hearings is most helpful to your case. The courts are anxious to quickly resolve a case against a juvenile, therefore, be prepared to accept responsibility and cooperate with your Houston lawyer and the courts to expedite the matter. Related posts:
Bookmark: Tags: arrested, cops, Criminal Law, don't talk, family law, juvenile, police, what to do You can leave a response, or trackback from your own site.
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