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Juvenile
Defense Caution
Contrary
to what you may have heard from other sources, detention is a real possibility
for juvenile offenses. The most serious mistake you can make, if you
are a juvenile, is that the Court will let you off the hook just because
you have had no previous problems with the law. If you are a parent,
the most serious mistake you can make is that the Court will share your
unshakable belief that your child just needs a scolding for his first
offense. The halls of juvenile detention facilities are full of young
people who have suffered for these miscalculations.
Therefore,
the same caution is required for juvenile cases as is required for adult
cases. Juveniles and their parents must resist every temptation
to talk to the police, prosecutor and victim. Once you have been arrested
these people have taken the position that you must be prosecuted. Further,
the participants in the arrest (the police,
prosecutor and victim) will use anything you say to the
juvenile's disadvantage. In other words, even the
most conciliatory statements or offers to pay damages will be considered
admissions of guilt. Worse still, such actions may
make the other participants feel as though the parent has encouraged
the juvenile's misconduct by creating a home life in which the parent
has a history of minimizing misconduct and bailing the juvenile out
of trouble.
In some situations, a police
officer may tell the juvenile and parent that
if the juvenile cooperates
without contacting a lawyer, things will go easier.
The officer may want the
juvenile to become an informant. Perhaps the officer will want
the juvenile to get evidence against other
people. The officer may say that he can't
make you any promises but he will put in a good word for the
juvenile with the prosecutor or judge. The officer may say
you that you have to decide now, without an attorney, and that the train
is leaving the station and you will miss the train if you do not cooperate
now.
You must resist the temptation
to make decisions without a lawyer. Without a lawyer you have absolutely
no guarantee that your honest attempt to cooperate will be considered
an honest attempt to cooperate. Without a lawyer you may have no written
agreement with the police. Even if you do get something in writing,
without a lawyer you have no way of knowing whether the written document
fully protects you. Perhaps most importantly, without a lawyer you have
no way of knowing whether the police have enough admissible evidence
to prove their case against you, you have
no way of knowing what your probable sentence would be, and you have
no way of knowing how safe you will be from the people you will be cooperating
against.
In other words, without a lawyer
you are in a very weak negotiating position, you have too little information
to make an informed and intelligent decision, and you may be placing
your self at serious risk.
Therefore, you should not confess,
make statements about the case to the police or prosecutor or anyone
without the assistance of an attorney. Therefore, you should not agree
to become an informant or act as an informant, before discussing your
case with an attorney.
In short, when you are asked
to make statements or decisions without an attorney you should politely
decline to do so. Instead, tell the officer or prosecutor that you would
like to consult with an attorney before making a decision.
If you have already made statements
about your case to the police or prosecutor without the help of a lawyer,
you need to consult with me
now in order to minimize your risks.
This information begins to make
you a true and equal partner in your defense. Now,
let's get to work.
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