When Should a Parent Contact a Juvenile Defense Attorney?

Juveniles accused of crimes need rehabilitation and are not to be treated “as criminals” under Massachusetts law, but if the state charges your child with a felony, you’ll need the services and advice of a Woburn juvenile defense lawyer, and you must contact that lawyer immediately.

Most juvenile arrests are for non-violent offenses, crimes like vandalism, shoplifting, and underage drinking. Felony offenses like aggravated assault, armed robbery, rape, and murder constitute fewer than eight percent of the crimes juveniles commit.

Who is Considered a Juvenile in Massachusetts?

Massachusetts law defines juveniles as young persons 12 to 17 years old. Depending on the specifics of the charge, the age of the juvenile (over age 14) and the juvenile’s history, a Massachusetts juvenile court may treat a juvenile felony proceeding as a “youthful offender” case or a “delinquency” case.

In either circumstance, parents have the right to be informed that the police have taken their child into custody, to be present at interrogations and hearings, and to seek the advice of a Woburn juvenile defense attorney.

Which Juveniles are Considered Youthful Offenders?

Under Massachusetts law, if a juvenile is accused of an offense that is a crime when an adult commits the same offense, the case typically proceeds in juvenile court as a “delinquency” case. However, the case is handled as a more serious “youthful offender” case if the juvenile:

  1. is 14 to 17 years old and
  2. has previously been committed to DYS (the state’s Department of Youth Services) or
  3. is accused of a felony, a firearms offense, or an offense involving serious bodily harm

A prosecutor must present a youthful offender case to a grand jury for indictment. If the grand jury indicts, the case proceeds in juvenile court, and a felony conviction may result in the court sentencing the juvenile as an adult.

What Happens When the Police Arrest Your Child?

When law enforcement officers arrest a juvenile in Massachusetts, they must notify at least one parent or guardian immediately. Your child may be detained (usually no more than six hours) while the police conduct the booking procedure.

After booking, a juvenile is usually released to a parent or guardian, but if the charge is a felony, the court may set bail or conditions of release through a Bail Commissioner.

A juvenile may be held without bail in Massachusetts if that young person is charged with murder, is found to be dangerous after hearing, violating a condition of release, violating probation, or violating a restraining order.

How Do Massachusetts Juvenile Courts Sentence Youthful Offenders?

In delinquency cases, Massachusetts juvenile court judges have limited discretion in sentencing. There is a wide range of dispositions and probationary terms available.  However, if the child is adjudicated delinquent (similar to adult conviction) and the court finds that incarceration is necessary, there is only one sentence that can be given.  That is a commitment to the Department of Youth Services until the child’s 18th birthday.

In youthful offender cases, juvenile court judges may sentence the offender as a juvenile with a longer commitment period (until age 21). They can also sentence the child to any sentence an adult could receive.  Or what is called a combination sentence. A combination sentence includes a commitment period until age 21, followed by an adult suspended sentence.  If your child is tried as a youthful offender, you must retain an attorney who will bring the case to its best possible outcome and help your child avoid an adult prison sentence.

What if Your Child is Innocent?

Like anyone else charged with a felony, your child may not be guilty. Your child may resemble the person who perpetrated the crime or may have “looked suspicious” at the wrong place and time.

If your child is innocent, your defense lawyer will explain that innocence to the prosecutor and judge. But even if your child is guilty of a felony, you must retain a Woburn juvenile defense attorney to protect your child’s rights and ask for leniency from the court, if needed.

Contact a juvenile defense lawyer at once if the police inform you that they have placed your child in custody and have charged your child with a felony.

Can a Massachusetts Juvenile Felony Record Be Expunged?

The record of a juvenile felony conviction can sometimes be expunged after 3 years from the date when the juvenile had completed all sentences, probation and paid all fines and fees to the court.  It can be a complicated process that depends on several factors: the details of the offense, the juvenile’s age at the time of the offense, and the juvenile’s subsequent criminal history (if any).

Expungements for felony convictions that involved a death, serious bodily injury, or sexual offense may be difficult or impossible to obtain. Expungement is more likely if considerable time has passed since the offense and related proceedings. A Woburn juvenile defense lawyer can prepare the necessary paperwork and guide your child through the expungement process.

Expungement begins when your child and lawyer submit a petition for expungement to the Commissioner of Probation, who ensures the petition meets basic legal requirements. A judge’s task at expungement hearings is to decide if an expungement is “in the best interests of justice.”

What Else Should a Parent Know?

Accompanying your child to juvenile court proceedings is a parent’s obligation and right. Massachusetts juvenile courts expect parents to help their teenagers understand the court process and comply with any orders and requirements imposed by the court.

Juveniles need to know their legal rights. Like adults, juveniles in police custody have the right to remain silent and to have a lawyer present for any questioning. As you can imagine, police interrogations can be terrifying for young people, especially if they’re innocent.

Too often, the police have coerced juveniles into “confessing” to criminal acts they did not commit. Please speak to your youngsters and ensure they understand their right to remain silent.

Contant Law Will Fight for Justice for Your Child

If the authorities charge your child with a felony, call Contant Law immediately. Award-winning Massachusetts defense attorney Michael A. Contant and the professionals at Contant Law will advocate aggressively for the justice your family needs.

A defense attorney at Contant Law will move to have the felony case against your child dismissed, seek a not guilty adjudication, or negotiate to enter the child into a diversion program. We will fight aggressively to help your child avoid a felony conviction.

If your teenager faces a felony charge in the Boston area or anywhere in Middlesex, Suffolk, or Essex County – now or in the future – contact Contant Law as quickly as possible by calling 617-221-8221 to schedule a no-obligation, no-cost evaluation of your child’s case.