Juvenile Court Lawyer: Protecting the Rights of Minors in Court

Fighting for Your Children’s Rights

Everyone makes mistakes, and children, especially, can quickly end up in bad situations with just a few errors in judgment. If these mistakes reach the Tennessee juvenile court system, however, minors can still face significant sentences and potentially life-changing consequences.

Under Tennessee law, a minor convicted of a crime could receive probation, community service, or be committed to the Department of Children’s Services, where they would be ordered to spend time in a juvenile correctional facility. In extreme cases, minors convicted of specific offenses could face serious consequences, and the case could be transferred to Tennessee’s adult court.

Facing any criminal charge is a serious matter, especially for children caught up in the criminal court system. If your child has been charged with a criminal offense, you must speak to an attorney with juvenile crime experience as soon as possible. Contact the Law Office of Hibbeler & Associates immediately to schedule a free 30-minute case evaluation, during which we will professionally evaluate the case and determine what legal options will suit your child’s needs.

Find out what you need to know about hiring a juvenile defense attorney and what the process for juvenile crimes looks like below.

What Are Examples of Juvenile Crimes?

Juvenile crimes can be classified in much the same way as adult crimes and are generally either misdemeanors or felony offenses. Misdemeanors are considered less serious than felony crimes. Whether something is charged as a misdemeanor or a felony depends on the sentence if the person were convicted as an adult.

Jail sentences of less than a year usually correspond to misdemeanor charges. Juveniles can also be charged with a status offense, which means that the charge is only a crime because of the offender’s age. Examples of status offenses include juvenile-related issues such as truancy or running away from home.

Other examples of common juvenile offenses include shoplifting and petty theft, along with underage possession of alcohol or drug offenses. Even though offenses for underage drinking or petty theft may seem like they are not that serious, they can still impact your child’s future. However, juveniles can still be charged with crimes considered felonies, such as sexual assault, which can result in severe consequences.

Our lawyers have extensive experience handling cases tried in the juvenile justice system and are dedicated to helping families resolve their legal issues.

Contact our law firm today to learn more about our legal services and how we can help.

Will My Child Be Detained if Arrested for a Juvenile Crime?

A common fear for many parents is that their children will have to be detained if they are arrested for committing juvenile crimes. However, just as in the adult system, whether a juvenile is detained depends on the circumstances involved in the crime.

Tennessee law has a “holdable” list of specific crimes that dictates what offenses require juveniles to be detained. Included on the list are “serious crimes against people,” including homicide, aggravated assault, forceable rape, and delinquent behavior, to name a few.

If it is determined that your child should be detained, a detention hearing will be held. During the detention hearing, a juvenile court judge will decide whether or not your child should remain in custody or be released to you until they can be arraigned on the charges.

The court will consider what is in the child’s best interests and whether the child is dangerous to themselves or the community. It will also consider whether the child will appear for arraignment and other court dates.

If your child is detained, one of the best steps you can take to protect their future is to hire a criminal defense attorney who will act as their legal advocate. Your attorney may be able to argue that the child should be released or allowed to participate in a treatment or rehabilitation program.

What Determines If a Juvenile Is Tried as an Adult?

A person under 18 is usually charged as a juvenile because they are still legally a minor. However, the courts do have the ability to transfer a case from juvenile court to adult court. While the court has discretion for any charge, in any case, some general principles are applied when deciding whether to transfer a case to an adult court.

If a child is at least 16 years of age, they can be transferred to adult court for any offense if deemed appropriate. If the charges involve murder or “crimes against a person,” which includes rape, robbery, and kidnapping, a child of any age can be transferred to adult court. Because the courts have significant leeway in determining whether a case should stay in the juvenile courts or be transferred, having a lawyer who can fight for your child’s rights is important. It is possible to fight against a case being transferred, but it requires extensive knowledge and experience with these types of cases.

Some of the factors involved in determining whether a case should be transferred from juvenile court to adult court include:

The juvenile was at least 16 years old at the time the offense occurred
The juvenile’s level of maturity
The juvenile’s prior criminal history
The nature of the offense
Whether it is believed that the juvenile can be rehabilitated in the juvenile correctional system

Juvenile law can be confusing and challenging to navigate without the help of a knowledgeable attorney like those from the Law Office of Hibbeler & Associates. Contact us today to learn how we can assist you with your legal matters.

What are the Legal Implications of a Juvenile Conviction in Tennessee?

A juvenile conviction can result in severe penalties and other legal implications, which can make it challenging for minors to achieve their future goals. The penalties depend on the severity of the offense and the juvenile’s age.

One of the most common penalties that many juvenile courts impose is offenders being ordered to serve probation, which may be supervised or unsupervised depending on the facts involved in the case. Juvenile offenders may also be ordered to perform community service hours during their sentencing.

For offenses involving theft or destruction, a juvenile may be ordered to pay fines and restitution to victims. If the juvenile court determines the offender has substance abuse or anger management issues, they may also be ordered to participate in mandatory counseling or treatment programs. Juveniles convicted of sex crimes could be ordered to register as sex offenders. Finally, a juvenile could be sentenced to spend time in a secure facility under the direction of the Department of Children’s Services.

However, one of the lesser-known consequences of a juvenile conviction is that some higher education institutions and programs will not admit students with a juvenile criminal record. In other instances, even a juvenile conviction can make obtaining student financial aid to pay for college challenging. However, hiring a juvenile defense attorney increases your child’s chances of obtaining a favorable outcome and possibly avoiding criminal penalties.

Can You Get a Juvenile Criminal Record Expunged in Tennessee?

It is possible to have a juvenile criminal record expunged once a person turns 18, and doing so can be essential for ensuring that rough adolescence does not follow your child into adulthood. When a juvenile criminal record is expunged, it is as though the offense never occurred. An expungement allows individuals to put their past mistakes behind them and start with a clean slate.

Having a juvenile record expunged can result in the individual having a greater chance of enrolling in the higher learning institution of their choice, finding gainful employment, or obtaining suitable housing.

Specific legal criteria must be met for an individual to qualify for their juvenile record to be expunged, including:

The individual is at least 17 years old
The individual has paid all of their fines and court costs
The individual was convicted of or pleaded guilty to only one juvenile offense
The individual has not had any additional charges and maintained a good record for at least one year
The individual has completed their probation, sentence, or parole period no less than five years before applying

However, not all offenses are eligible for expungement, and the outcome is determined on a case-by-case basis. Therefore, it is important to consult with an attorney about what options may be available and the end result. In the best-case scenario, the record can be expunged completely, so there is no criminal history.

How Can a Juvenile Defense Attorney Help?

If your child is facing criminal charges in the juvenile court system, hiring an attorney to represent them should be your first step. Children often have no idea what is involved in being arrested and charged with a crime, including their rights or how to protect themselves during questioning.

The legal process involved in the juvenile court system can feel overwhelming and frightening for parents trying to protect their child’s future. A criminal attorney can help your family understand what is happening during this process, including providing counsel on a defense strategy and what to say or not to say to authorities.

Some of the other most significant benefits of hiring a criminal defense attorney to represent your child in juvenile court include:

Ensure fair treatment: A defense attorney will ensure that your child is treated fairly by law enforcement authorities
Effective legal representation: A defense lawyer understands the complexities of the juvenile court system and what it takes to get results
Create a solid defense strategy: Your attorney will carefully analyze the case and build a solid defense strategy that can minimize harsh penalties
Negotiate with prosecutors: An attorney can negotiate with prosecutors to reach a solution that will be in your child’s best interests

As parents, our law firm recognizes that you want to protect your child’s future and prevent their mistakes from negatively impacting their life. To learn more about how we can help, contact our Clarksville law firm to schedule a free consultation.

What Makes Your Law Firm the Best Choice to Defend My Child in Juvenile Court?

At the Law Office of Hibbeler & Associates, we know how important your children are to you and how much you want to protect them. But the truth is that once juveniles are in the criminal justice system, there is only so much a parent can do.

When you come to us for help with your child’s legal issues, we will thoroughly assess the case to determine available options. Our attorneys take pride in providing juveniles and their families with quality legal representation to protect their futures.

Our dedicated team of legal professionals realizes that young people often make mistakes that could severely impact their lives for years to come. Our law firm believes juveniles should be given a second chance and not have to worry about the future because they made poor decisions.

If your child is facing criminal charges, contact the Law Office of Hibbeler & Associates at 931-236-2711 to schedule a free 30-minute case evaluation with a criminal defense attorney who can help your family through this difficult time.