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Juvenile and Adults together

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LABOU

Guest
What is the name of your state?What is the name of your state? California

Here is the situation... A juvenile (age 16) and two adults (age 18) were stopped by the police at about 1:30 am. They were told they were under arrest for vandelsim. The two adults were taken to the county jail and the juvenile was released to his parent.

When the juvenile appears in court, will the case be connected in any way with the cases in the adult court?

What should the juvenile tell the court if the adults accepted responsibility for any crime that may have been committed?

If the parent of the juvenile can not afford an attorney for their child, nor can they afford to pay for the public defender, what should they do? Isn't everyone entitled to an attorney?

What steps should the parent of the juvenile take?
 


stealth2

Under the Radar Member
Isn't the point of the public defender that he's being paid by the county, not the parents?
 

CdwJava

Senior Member
LABOU said:
When the juvenile appears in court, will the case be connected in any way with the cases in the adult court?
Only that they are being charged with the same offense or series of offenses. They will not likely be heard in the same court unless the juveniles were somehow to be charged as adults ... which I don't think can happen for vandalism.

What should the juvenile tell the court if the adults accepted responsibility for any crime that may have been committed?
Well, the juvenile shouldn't say much of anything - the attorney should. And all because the adults accept "responsibility" does not mean that the juveniles cannot be charged or are not responsible.

If the parent of the juvenile can not afford an attorney for their child, nor can they afford to pay for the public defender, what should they do? Isn't everyone entitled to an attorney?
A public defender would be appointed for you.

What steps should the parent of the juvenile take?
Keep tighter reigns on their kid(s), be certain they know who their kids' friends are, and establish much earlier curfew times. Oh, and hold their kid responsible for their actions regardless of what the law says.

If it were my kid, he would be admitting to the truth of what he did and sucking up the consequences.

Carl
 
L

LABOU

Guest
stealth2 said:
Isn't the point of the public defender that he's being paid by the county, not the parents?
The parent will be billed by the county for the public defender. Can they refuse to have a public defender or an attorney and just face the consequences?
 

CdwJava

Senior Member
LABOU said:
The parent will be billed by the county for the public defender. Can they refuse to have a public defender or an attorney and just face the consequences?
They CAN ... but there might be hidden consequences that only an attorney can advise them of. And a public defender - even if you do get billed (and not all counties in CA do that yet) - is cheaper than a private attorney ... and better than having NO attorney.

But, since this may well go before a Juvenile Probation officer prior to court, there may be a way to do this in diversion with restitution and without going into court. But, it would still be advisable to at least consult an attorney.

My kids would be coming completely clean (under threat of greater punishment at the hands of dad), and even I would consult an attorney beforehand.

Carl
 
L

LABOU

Guest
CdwJava said:
Only that they are being charged with the same offense or series of offenses. They will not likely be heard in the same court unless the juveniles were somehow to be charged as adults ... which I don't think can happen for vandalism.



Well, the juvenile shouldn't say much of anything - the attorney should. And all because the adults accept "responsibility" does not mean that the juveniles cannot be charged or are not responsible.



A public defender would be appointed for you.



Keep tighter reigns on their kid(s), be certain they know who their kids' friends are, and establish much earlier curfew times. Oh, and hold their kid responsible for their actions regardless of what the law says.

If it were my kid, he would be admitting to the truth of what he did and sucking up the consequences.

Carl
The juvenile intends to admit the truth. His parents can not afford an attorney nor can they afford a public defender who is not free. The child is very responsible and has never been in any trouble in the past. He was out past curfew because he was on his way home from the drive in with his 18 year old cousin who his parents thought they could trust.

The parents have no idea what to expect or what to do to prepare for the court date. Any ideas?
 
L

LABOU

Guest
CdwJava said:
They CAN ... but there might be hidden consequences that only an attorney can advise them of. And a public defender - even if you do get billed (and not all counties in CA do that yet) - is cheaper than a private attorney ... and better than having NO attorney.

But, since this may well go before a Juvenile Probation officer prior to court, there may be a way to do this in diversion with restitution and without going into court. But, it would still be advisable to at least consult an attorney.

My kids would be coming completely clean (under threat of greater punishment at the hands of dad), and even I would consult an attorney beforehand.

Carl
Thank you for your response. Unfortunatly the dad is no longer alive or I am sure he would also be a greater threat of punishment than any court could dish out. The child has already been banned for life from the adult who is still in jail and limited to only family activities in the future with the cousin who has always been considered such a good kid. I am trying to assist the mother of the juvenile as she is a single parent with two other small children who is struggleing to make ends meet. But based on your comments I think she will have no choice but to get some sort of legal help.
 

nextwife

Senior Member
The mom should also make him work part time and repay the damaged party for all the damage he caused. That will help him appreciate what he did and what it takes to own and pay for things.
 

CdwJava

Senior Member
To be safe she cannot afford NOT to accept help from the public defender's office. Some things are too important to take a chance with even if you do intend to be completely forthcoming.

My guess is that the cost will be minimal if you plan to have him admit to his part in the affair.

Carl
 
F

freemanalmost

Guest
read

i had the same problem and still in it i got arrested for bein a suspect in arson and burglary the cases will be completely different but the juvenile can be charged as a adult if the judge thinks thats what should happen and the juvenile should admitt anything because no matter what the other people that were involved will tell the police or judge that the juvenile did this and that and if the juvenile lies then hes in it 20 times more i would know because the adult that was with me got life but nevermind that the parents of the juvenile should back there son or duaghter up 100%
 

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