Everyone makes mistakes, and at times, these mistakes can lead to legal trouble. Minors are especially at risk because the frontal lobe has not yet fully developed, and with it, the tools needed to curb impulsive and reckless decision-making and to understand potential risks. Unfortunately, even juveniles can face criminal charges for their mistakes.
If your child has been accused of a crime and is facing consequences in the Arizona Juvenile Courts, you may feel overwhelmed, confused, fearful, and even an impending sense of doom that leaves you urgently scrambling to fix things. Fortunately, you do not need to face this uncertainty alone.
While juvenile charges can feel like the end of your child’s future, they do not have to be. Hiring a skilled juvenile defense lawyer can help protect your child from a record that follows them for the rest of their life. However, the likelihood of success in their case can depend on how quickly you enlist the help of a lawyer. Early defense matters, especially with so much at risk.
How Juvenile Criminal Cases Differ From Adult Cases in Arizona
It’s crucial for parents to become better informed about juvenile crimes in Arizona, including how criminal cases involving minors typically differ from those involving adults.
Here are some examples:
- Rehabilitation versus Punishment – In juvenile cases, the primary aim of the Arizona court system is to rehabilitate alleged offenders and redirect them toward a future without repeating or escalating criminal behavior. Adults, however, often face punishment for convictions instead of rehabilitation.
- Differing Court Procedures – In Arizona, juveniles charged with a crime will usually have their cases heard before a Superior Court judge. The goal is to protect the child’s privacy and security; while adult trials are often open to the public, juvenile cases are kept confidential. This also means that, when a juvenile is tried as a minor rather than an adult, there is no jury.
- Sentencing and Records – While adults face a higher likelihood of incarceration when found guilty, convicted adolescents are typically sentenced to counseling sessions, community service, or probation. Juvenile records are usually kept confidential, while adult records are public.
While it may sound like there is less at risk for juveniles facing criminal charges, this is far from the truth. Even though your child’s record may be kept private, it can still influence future court cases should they end up facing charges again in the future, even as an adult.
It can also have a strong impact on their self-confidence and future success. Carrying the weight of a past conviction is hard enough for a fully grown adult, but for a child, it may cause them serious turmoil and future distress, leading to self-doubt that leaves them unmotivated and ill-equipped to handle the future.
Parents should also be aware that, in accordance with ARS 13-501, certain crimes can result in children ages 15-17 being tried as adults, including the following:
- Murder – If a minor has been charged with first-degree murder, second-degree murder, and/or conspiracy to commit murder, they may be tried as an adult under Arizona law.
- Sexual Assault – Sexual assault, including forcible sexual assault and any related sexual offenses, can result in adult criminal charges.
- Weapons Charges – In Arizona, juveniles charged with any offense involving a deadly weapon and/or dangerous instrument can be tried as adults.
- Violent Crimes – If a child has been accused of armed robbery, aggravated assault, and/or kidnapping, they may be tried as an adult.
- Repeat Offenses – Juveniles who have been found guilty of committing multiple felony crimes can be treated as chronic felony offenders and, therefore, be tried as adults.
What a Juvenile Defense Lawyer Does Immediately After an Accusation
If you want to protect your child after they have been accused of a crime, time is of the essence. Contacting a juvenile defense lawyer should be the first step you take after your child is apprehended.
Scheduling a consultation and hiring a lawyer means they can begin to perform the following protective measures:
- Communicate with the School System – It is important to gather information while also controlling the narrative. Your child’s reputation is at stake, and by communicating with essential personnel on your and their behalf, your lawyer can protect your family from greater misinterpretation, slander, and confusion.
- Prevent Anyone from Issuing Unnecessary Statements – Unfortunately, criminal cases involving children often draw public and media attention, and there is far too much at risk for just anyone to be allowed to dictate the story. Your lawyer can help protect your child’s name, reputation, and experiences by preventing unethical and unnecessary statements from being issued.
- Protect Your Child’s Rights – Whether or not you believe your child broke the law, they have rights. Unfortunately, even the most well-intentioned law enforcement officers can accidentally violate these rights, whether by confirmation bias or other means. A lawyer can represent your child and direct any important interviews to help protect them from being backed into a corner and suffering miscarriages of justice.
- Manage Probation Officers or Intake – There are many complicated administrative steps that follow juvenile charges, but your juvenile defense lawyer can help you handle each one. A juvenile defense lawyer can provide clarity and spearhead the process on your behalf.
Common Defense Strategies in Juvenile Crime Cases
Developing a strong defense strategy is one of the most beneficial and important things you and your lawyer can do to protect your child as they face criminal charges. Here are some of the potential strategies your juvenile defense lawyer may employ to accomplish this goal:
Challenging the Evidence
One of the key differences between the defense and the prosecution is the burden of proof. While prosecutors must prove that your child is most likely guilty of the crime they have been charged with, the defense only needs to plant a seed of reasonable doubt.
This can be done in many different ways, including:
- School Surveillance – Nowadays, it is fairly common for schools to have security surveillance footage documenting students entering and exiting the school. While this is often used to monitor for dangerous outside activity, it can also be used to aid in establishing a timeline for your child’s activity that may differ from the one alleged by the prosecution.
- Witness Reliability – Even full-grown adults can make poor witnesses, and this is often the case with children as well. Questioning the motives, validity, and factuality of a witness’s testimony can help grow the seed of doubt.
- Police Procedural Issues – Drawing attention to law enforcement’s mishandling of various aspects of a case is a tried-and-true defense. Whether evidence was gained without or outside of a warrant, your child was interviewed without an adult present, or police failed to pursue other potential directions in the case, your lawyer can use it to have unlawfully obtained evidence thrown out and protect your child from potential injustices.
Negotiating Reduced Charges or Dismissal
There are a few ways that your juvenile defense lawyer may be able to get your child’s charges and subsequent penalties reduced or even thrown out altogether, including:
- Informal Adjustment – In juvenile criminal courts, informal adjustments occur when a voluntary, nonjudicial agreement is reached among a minor, their parent(s), and the probation officer to resolve criminal charges without a formal court hearing. This is typically permitted when the offense is low-level and/or the juvenile has never been accused of criminal activity.
- Avoiding Adjudication – In some juvenile cases, defendants can avoid adjudication by bypassing a formal adjudicatory hearing or trial, in which a judge would determine whether they were delinquent or guilty of the offense. Skipping this step can prevent the incident from appearing on defendants’ permanent records, protecting them from the challenges that can arise when applying for jobs or housing with a past criminal conviction.
Diversion and Alternative Resolutions
Sometimes, when dismissal is not likely or possible, there are other directions your lawyer can try to take your case, such as the following:
- Counseling – While not guaranteed, a juvenile defense lawyer may persuade a judge to allow the defendant to participate in counseling rather than face more severe penalties.
- Community Service – Community service is a common rehabilitative measure for juvenile convictions, as it requires dedication to hard work and the community and a willingness to do what it takes to avoid future law-breaking.
- Deferred Prosecution – In some cases, the judge may defer a juvenile criminal case, allowing the juvenile to pursue a comprehensive rehabilitation program and potentially have the charges dismissed upon completion. This solution is typically only offered to first-time offenders.
The Role of Parents in a Juvenile Defense Case
As any good parent knows, it is nearly impossible to stand by and do nothing while your child’s safety, security, and future hang in the balance. Fortunately, you do not need to be relegated to the sidelines.
While your lawyer can bear the brunt of the stress, administrative duties, and defense strategizing on your behalf, here are some things you can do to help your child and their case:
- Navigate the Overlap with School Discipline – Sometimes criminal activities also violate school rules, which may require your child to balance disciplinary actions at school while preparing for their hearing. This is a lot to navigate, and your support can be crucial.
- Direct Your Child’s Social Media and Phone Usage – Since the invention of social media, young adults have been finding new ways to communicate their feelings and share their experiences with an audience much broader than ever before. Staying on top of your child’s phone and social media usage can help protect them from sharing information or accidentally incriminating themselves.
- Avoid Common Pitfalls – Both parents and juveniles should avoid these critical mistakes:
- Speaking to the media
- Drawing attention to the case
- Discussing the case with law enforcement, friends, and even family without your lawyer present
Long-Term Consequences of a Juvenile Conviction
With most juvenile cases, the greatest risk is not to the penalties your child may face in the present, but rather the roadblocks they may encounter in the future. College admission, military enlistment, obtaining employment, and applying for housing are all areas of your child’s adult life that may be derailed or even prevented by a past conviction.
Fortunately, your juvenile lawyer can help you explore options like sealing your child’s records. They can also help you determine whether a juvenile record can be expunged in Arizona and help you begin the process if it is possible in your child’s case.
Why Early Legal Representation Makes a Difference
Early representation may be the one thing protecting your child from a future of roadblocks and anxiety.
There are many benefits to hiring a juvenile defense lawyer right away, including:
- Prosecutorial Discretion – When the prosecution is given the opportunity to determine whether or not they will issue formal criminal charges against a juvenile, having a skilled defense lawyer can help influence their final decision, meaning that your child may never even end up at trial or facing charges.
- Intake Decisions – Your lawyer can help direct your child through the intake stage, presenting them in ways that could increase the likelihood of more favorable outcomes.
- Steering Cases Toward Diversion – Diversion can be a powerful asset, especially for protecting your child’s future opportunities and overall well-being. Your lawyer can work in the early stages of your case to pursue this avenue as a way of potentially avoiding a trial.
Quick Tips: What to Do if Your Child Is Accused of a Crime
While you may not feel equipped to craft a defense on your child’s behalf, you can help protect them by doing the following things should they ever be accused of a crime:
- Do not let them speak to anyone alone.
- Do not rely on school administrators.
- Call a juvenile defense attorney immediately.
Your Child’s Future Is Too Important to Leave to Chance
At The Valley Law Group, our skilled juvenile defense lawyers are prepared to draw on our extensive experience with Arizona juvenile courts. With offices across the Valley, including in Phoenix, Scottsdale, Gilbert, and Peoria, our team can respond quickly and effectively when your family is in need. Contact The Valley Law Group today to schedule a confidential consultation and learn more about how we can help you protect your child’s rights, freedom, reputation, and future.
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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