Q: My friend got into a fight at school and was suspended but she has to go court because of it what would happen to her?

A: I suggest she hires a lawyer, what could happen would be based on the charges she has brought against her.

A: DEFENDING A JUVENILE DELINQUENCY CASE ABA

By: Kenneth A. Vercammen

Handling juvenile delinquency cases is becoming a sub-specialty that requires special knowledge of the juvenile justice system. Juvenile cases are difficult to handle for different reasons:

(1) The juveniles often refuse to admit to their attorney any participation in the offense despite clear guilt.

(2) The parents sometimes refuse to acknowledge their child's involvement.

(3) Different rules and court systems are involved.

When the client is first in the office, we have them fill out the Confidential Criminal Case Interview Sheet. We obtain background information such as their name, address, the offenses charged, date of the person's arrest, other witnesses, details on what either they or their parents told them by the police, their school year, future plans and information regarding prior criminal charges. Our interview sheet also asks if there is anything else important. The extent to which the client fills out the form lets us know whether or not the client will follow instructions and cooperate with us.

After reviewing the complaint and the interview sheet, I ask a series of questions of the client. We request the client wait until the end of the interview before explaining their side of the story. We also ask them if there is anything else of importance in connection with the case that we should know. The client may have pending serious criminal charges in another state or county. I usually open up the statute on the computer and print a copy. Then we show the client the specific language of the offense they are charged with and explain to them the maximum penalties that could be imposed. By understanding the charges they are facing, my clients are more likely to realize the seriousness of the offense and pay our retainer.

The ABA adopted Rules of Professional Conduct indicate a retainer letter or written statement of fees is required for new clients. Once we receive our retainer, we begin work right away. Usually while the client is still in the office, we prepare a discovery letter on the computer to the prosecutor and court and hand a copy to the client. We occasionally call the court to advise them that we will be handling the case.

Law is a business. I try to impress my clients and hope that they will send additional clients. I also provide all my clients with a brochure explaining how to appear in court, a brochure on motor vehicle points, and a brochure regarding alcohol counseling/substance abuse treatment, if applicable.

I recommend that my clients provide me with a list of between 10 to 15 reasons why they should not go to jail/detention and why the court should impose the minimum penalties. This provides us with information for mitigation and penalties and also provides information to be considered by the prosecutor in plea negotiations and the judge in sentencing.

WHO IS THE CLIENT?

The client must be the juvenile charged. It is not the parent or grandmother who pays the bills. It is important to preserve the confidence of the client. I let the juvenile know that they can call us whenever they want, and we will not tell their parents anything told to us in confidence.

Discovery in non-motor vehicle cases is requested in writing to the County Prosecutor/ DA, not the town Municipal Prosecutor. Motor vehicle charges alone are heard by the Municipal Court Judge and handled by the Municipal Prosecutor.

Trial Call is the next appearance and the defense counsel will receive discovery, if it has not previously been received. Applicable motions should be filed prior to the trial call: Motion to Suppress, Compel Additional Discovery, Dismiss Complaint, etc.

Juveniles have most of the same rights under the Constitution as adults:

- 4th Amendment - No unreasonable searches

- 5th Amendment - Right to Remain Silent

- 6th Amendment - Right to Attorney

- 6th Amendment - Right to Cross Examine Witnesses