When a Child Faces Criminal Charges, What Are a Parent’s Rights?

If your child faces a criminal charge in Massachusetts, what is your recourse as a parent? Contact a Woburn juvenile defense attorney as quickly as possible. The parents of juveniles who are facing criminal charges in Massachusetts have these rights:

  1. the right to be informed that your child has been arrested
  2. the right to be represented and advised by a Woburn juvenile defense lawyer
  3. the right to be present at interrogations of your child
  4. the right to visit your child in a detention facility
  5. the right to be with your child at legal hearings and, in some cases, speak at a hearing

What Are a Parent’s Legal Obligations?

Accompanying your child to juvenile court hearings is a parent’s right and obligation. A Massachusetts court will expect you to help your teenager comply with any court orders and to comply with court orders that affect your duties as a parent.

Having serious discussions with your teen about what the stakes are when a teen commits a crime is one way to help your child avoid legal trouble. Teens also need to know their rights, especially their rights to remain silent and to have an attorney present for any interrogation.

A police interrogation can be frightening. Too many times, law enforcement officers have scared young people into “confessing” to criminal offenses they did not commit. Make sure your child understands the right to remain silent.

What More Should a Parent Know About Juvenile Justice in Massachusetts?

Massachusetts law requires that young people accused of crimes “shall be treated, not as criminals,” but as youths who need encouragement, guidance, and aid. Nevertheless, juveniles can receive harsh legal penalties for some juvenile convictions.

A juvenile facing a criminal charge in this state may be prosecuted, arraigned, charged, tried, and penalized if convicted. If your child is accused of a crime, you will need the services and advice of a Woburn juvenile defense attorney who has substantial juvenile defense experience.

Your child’s lawyer will represent your child at an arraignment hearing and any subsequent hearings. One or both parents or a guardian must accompany a young person to all court appearances.

When Are Juveniles Detained While Awaiting Trial?

The courts may keep a juvenile in detention until a trial if that young person:

  1. has a history of “defaults” (failures to appear in court)
  2. has a history of violence and injuries to others
  3. is a fugitive from justice and wanted in a different jurisdiction
  4. is being detained or has been released in another pending case
  5. is facing a violent felony charge and a possible indictment

When a judge determines whether to detain a minor until trial, that judge will consider the child’s delinquency record, grades and school attendance, drug or alcohol use, mental health history, the circumstances of the parent or parents, and their ability to discipline or control their youngster.

Juveniles awaiting trial may be held in Massachusetts Department of Youth Services facilities, with this exception; a young person accused of first- or second-degree murder may be detained in a Massachusetts county jail if that youth is 14 or older.

What Does “Youthful Offender” Status Entail?

erious offense in Massachusetts, a juvenile may be considered a “youthful offender” and face a trial that combines features of adult and juvenile courts. If the state prosecutes your child as a youthful offender, he or she must be represented by a Woburn juvenile defense lawyer.

A juvenile may be tried as a youthful offender if that juvenile is between 14 and 18 years of age and facing a felony charge; if the child was previously committed to the Department of Youth Services; or if the charge involves serious bodily harm, a threat of violence, or a firearms violation.

The juvenile courts conduct youthful offender trials. When a young person is convicted of a crime in a youthful offender case, the judge may impose any sentence Massachusetts law provides for adults, including a prison sentence.

What Will Happen if Your Child is Arrested?

Some teens charged with crimes may qualify for pre-trial diversion and the possibility of avoiding a juvenile record. Pre-trial diversion requires an accused juvenile to avoid new legal trouble and may entail counseling, community service, and/or school attendance.

The court may dismiss the case if a juvenile completes pre-trial diversion. Pre-trial diversion is usually available only to first-time offenders who haven’t committed a violent or serious offense.

When a young person is found “delinquent” at trial, the youth may be placed on probation or committed to the Department of Youth Services and sent to a facility that combines jail with treatment and counseling.

What if Your Child Committed No Crime?

Your teenager may resemble someone who committed a crime or may merely have been in the wrong place at the wrong time. If your child is not delinquent, your attorney will explain your child’s innocence to the judge and prosecutor.

Even if your child is delinquent, your child still has rights that a defense lawyer must protect. Whether your teenager is innocent or delinquent, you must contact a juvenile defense lawyer at Contant Law when you learn that your child is in legal trouble.

Let Contant Law Protect Your Child’s Rights

If legal authorities in Massachusetts accuse your child of a crime, call the offices of Contant Law immediately. Award-winning attorney Michael A. Contant and his legal team will bring the matter to its best possible resolution.

A juvenile defense lawyer at Contant Law will seek to have the charge dismissed, advocate for a “not delinquent” verdict, or work to enter your child into a diversion program. Contant Law will use every appropriate legal tool to help your youngster avoid a conviction.

If your teenager faces a criminal charge in the Woburn area or anywhere in Massachusetts – now or in the future – call Contant Law as soon as possible at 617-221-8221 to schedule a no-cost, no-obligation evaluation of your youngster’s case.