Discovering your child is involved in legal trouble is undoubtedly a harrowing experience, and it’s understandable to feel overwhelmed and confused.
The juvenile legal process can be complex and intimidating, and the stakes are high.
Hiring a juvenile lawyer in Minnesota is vital in ensuring your child receives the best possible defense.
Below, we’ll walk you through the essentials parents need to know about juvenile delinquency laws, the role of a lawyer, and the process involved.
If you have questions or are in need of a defense lawyer, please contact the St. Paul juvenile crimes lawyers at Arechigo & Stokka today.
Do You Need a Lawyer for Juvenile Court?
Yes, you need a lawyer for juvenile court. Minnesota law requires an attorney for juvenile court proceedings if:
- Your child is facing a felony charge,
- Your child is facing a gross misdemeanor charge, or
- Your child is detained or ordered to be detained.
While not all juvenile cases mandate legal representation, the stakes are undeniably high. Juvenile courts, though designed for rehabilitation, can have far-reaching consequences, not unlike adult criminal courts.
Having legal counsel can be instrumental in achieving a favorable outcome. Juvenile lawyers are well-versed in the juvenile justice system. They can advocate for your child, safeguarding their rights and pursuing the best outcome.
How Much Does a Juvenile Lawyer Cost?
The cost of a juvenile lawyer varies depending on factors such as the case’s complexity, the lawyer’s experience, the geographic location, and additional services required.
Parents can also petition for a court-appointed attorney if they cannot afford one. In Minnesota, however, petty misdemeanor charges do not qualify for court-appointed counsel.
Investing in a lawyer who is qualified, seasoned, and passionate about protecting your child’s rights can be the single best thing you can do to secure their future.
Which Rights Do All Juveniles Have When Taken Into Custody?
All juveniles have specific rights when taken into custody. These include:
- The right to remain silent,
- The right to an attorney,
- The right to a phone call,
- The right against self-incrimination,
- The right to a speedy trial,
- The right to confront accusers, and
- The right to be free from unreasonable searches and seizures.
These rights seek to ensure minors are treated fairly and lawfully during the legal process.
Minnesota Juvenile Delinquency Laws
Juvenile delinquency in Minnesota involves minors (under 18) who commit acts that would be considered crimes if done by adults. Minnesota’s Rules of Juvenile Delinquency Procedure oversee these cases, focusing on rehabilitation rather than punishment.
According to Minnesota Statute § 260B.001, juvenile law aims to promote children’s welfare and protect the public by removing the consequences of criminal behavior from young offenders.
Juvenile offenses include misdemeanors—both petty and gross misdemeanors—and felonies, each with distinct penalties.
For instance, a minor caught shoplifting might face community service, while more severe crimes, like assault, can lead to juvenile detention.
Penalties and Defenses
Penalties in juvenile cases often focus on rehabilitation and include the following:
- Probation—involves court supervision and conditions like community service, drug testing, and curfew restrictions;
- Restitution—requires the juvenile to compensate the victim for any damages caused;
- Detention—involves placement in a secure facility; or
- Out-of-home placement—consists of placing the child in foster care or a group home.
Defenses in juvenile cases can include lack of intent, coercion, and mental health issues. A skilled juvenile lawyer can present these defenses effectively, aiming for reduced penalties or alternative sentencing.
Minnesota Juvenile Sentencing Guidelines
The Minnesota Juvenile Sentencing Guidelines provide a framework for determining appropriate consequences for juvenile offenders, balancing the need for public safety to rehabilitate the juvenile. Factors considered include:
- Severity of offense—more severe crimes receive stricter penalties;
- Age and maturity—younger offenders may receive more lenient sentences, focusing on rehabilitation;
- Prior history—repeat offenders might face harsher consequences; and
- Risk of reoffending—this risk assessment helps determine the level of supervision and support needed for successful rehabilitation.
The guidelines aim to promote accountability while providing opportunities for juvenile offenders to turn their lives around.
A skilled juvenile lawyer can help you understand these guidelines and advocate for a deviation from them, resulting in a more lenient sentence.
Juvenile Detention Centers
Juvenile detention centers are places where minors are held during legal proceedings or short-term sentences. These centers focus on rehabilitation through education, counseling, and structured programs.
Cost to Parents
Parents often worry about the financial implications of juvenile detention. So, how much does juvenile detention cost parents?
Although the state usually covers the cost of detention, parents may still be accountable for specific fees, including restitution payments or expenses related to counseling and rehabilitation programs.
The cost also varies depending on the facility and the length of stay. You can discuss financial implications with your lawyer.
The Role of a Juvenile Lawyer
A proficient juvenile attorney serves as more than a legal representative. They are a staunch advocate for your child, working tirelessly to protect their rights and secure the best possible outcome. Here’s how they can assist you:
- Understanding the legal process. Juvenile court proceedings can be complex. Your attorney will guide you through each step, explaining legal jargon and ensuring you know your options.
- Protecting rights. Your child has important legal protections. Your lawyer will work to ensure your child’s constitutional rights are upheld throughout the legal process.
- Building a strong defense. A strong defense is critical to getting cases dropped or getting advantageous plea offers. Your lawyer will meticulously investigate the case, gather evidence, and construct a robust defense strategy tailored to your child’s situation.
- Negotiating with prosecutors. Experienced attorneys often negotiate plea agreements or diversion programs to avoid the harsh consequences that can result from going to trial.
- Representing your child in court. If a trial is necessary, your attorney will aggressively advocate for your child, seeking an acquittal or the most lenient sentence possible.
- Defending against a prosecutor’s motion to certify a juvenile for adult prosecution. In some cases, a prosecutor will file a motion asking the Judge to allow the state to prosecute a juvenile as if they were an adult. If successful, the state will be able to pursue an adult sentence for a juvenile. An experienced juvenile defense lawyer will know how to defend against this motion and fight to keep the case in juvenile court.
- Post-adjudication support. After the court decides how to resolve the case, your lawyer will assist with sentencing, appeals, and aftercare services.
- Providing support and guidance. Your attorney will offer emotional support and guidance throughout the legal process, helping you make informed decisions.
- Getting your child’s criminal record expunged. A juvenile crimes lawyer has specialized knowledge in juvenile justice and expungement procedures, ensuring that the process is handled correctly and efficiently.
Having a knowledgeable attorney by your side plays a vital role in determining the outcome of your child’s case, ensuring their rights are safeguarded, and providing the best possible defense.
By seeking seasoned legal representation early on, you can ensure that your child’s rights are protected, and their best interests are prioritized.
Criminal Defense Attorney & Workers Compensation Law Offices of Arechigo & Stokka: Protecting Your Child’s Rights and Future
From assault and burglary to drug possession to probation violations, and getting caught drinking while underage, Arechigo & Stokka has defended against a full spectrum of juvenile crimes.
With a deep-rooted understanding of Minnesota’s juvenile justice system and a steadfast commitment to each child we are entrusted with, we’ve been a beacon of hope for families since 2007.
Our seasoned juvenile defense attorneys are not merely lawyers, but advocates fiercely dedicated to safeguarding your child’s rights.
Contact us today and let our experience and knowledge work for your family.
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