Juvenile Delinquency

JUVENILE CRIMES 

In Michigan, if you are age 17 years or under and you are arrested, you are most likely to be sent to the Juvenile Court Division. Juveniles can be charged with same crimes adults are charged; however, they can also be charged with what are called "status offenses". A status offense is crime only a juvenile can receive because they relate to events like school truancy, incorrigibility, or minor in possession of alcohol. 

If your child is charged with a crime, as a juvenile there are various options that the Court can take including:

  • Dismiss the case
  • Refer the youth to counseling under the "Juvenile Diversion Act," if the youth agrees
  • Place the case on a "consent calendar" - an informal process of court supervision
  • Place the case on the "formal calendar" and allow charges to go forward against the youth.

If a juvenile has been placed on a formal calendar, your child has a right to an attorney. So, if you can't afford to hire an attorney for a juvenile, the Court will appoint an attorney. A juvenile charged with a crime also has the same rights as an adult in a criminal case with a few exceptions procedurally. This includes that a juvenile has a right to have their case heard before a Judge and/or a Jury.

If a minor is found responsible for a criminal act, the Court will then issue what is called a "dispositional" order. This order is like a probation order. It will dictate the conditions that the juvenile will have to meet in order to be discharged from the Court's control.

It's critical to understand that the Juvenile Court has the ability to remove a juvenile from their home and place the child in a more restrictive setting. These are called treatment facilities. 

Once a child is placed away from home, they usually have to successfully complete the program in order to return. It's also important to know that there are no end dates on juvenile orders. Generally, a Court can exercise control over a minor until they are 19 years old and in some cases until they are 21.

 

POLICE INTERVIEWS OF YOUR CHILD CRIMINAL INVESTIGATION

Many parents contact Cannon Law PLC and tell us that they allowed their child to interview with the police without an attorney.  Well-intended parents worried about their children may feel this is the best course of action. However, it is best to first contact an attorney when the police are investigating a crime and they want to interview a juvenile.

Juveniles and adults have Miranda rights. Those rights include the right to remain silent and the right to have an attorney present during a police interview. The police don't always have to give you your Miranda rights. They only have to give you Miranda rights when they are taking a juvenile into custody AND they are going to interrogate the juvenile. Since a juvenile has a right to remain silent, you should contact an attorney before you allow them to interview with the police; otherwise, you risk the juvenile being charged with a crime that they would have not have been charged with otherwise.

Juveniles are more likely to give police false confessions. This is because the police use interview tactics designed for adults, including promising leniency, coercion, and making promises. A young person is more susceptible to succumbing to these promises resulting in more false confessions from a juvenile. 

Don't wait to contact an attorney if the police are attempting to interview you or your child. You should contact an attorney when you find out the police are investigating you, your child and/or your family. An attorney can help you determine whether or not the juvenile should be allowed to interview and communicate with the police on the juvenile's behalf.

PARENTS SEEKING TO FIND THEIR CHILDREN INCORRIGIBILITY-COMPLAINTS  

If you have a child with a drug problem, or other problems that have resulted in them being out-of-control and they are under the age of 16 you may want to file a complaint for Incorrigibility and ask the Court to intervene.  

MCL 712A.2,Sec,2(a)(3) allows the Court to intervene when a juvenile is repeatedly disobedient to the reasonable and lawful commands of his or her parents, guardian, or custodian, and a Court finds on the record by clear and convincing evidence that Court-accessed services are necessary. Cannon Law PLC is experienced with filing these complaints on behalf of parents. Although it's best to avoid Court involvement in your juvenile's life, sometimes a parent has no other option. Especially if the child's behavior is placing the parents and siblings in a dangerous living environment. 

AT CANNON LAW PLC WE HANDLE JUVENILE CASES INVOLVING THE FOLLOWING:

  • Criminal Sexual Conduct 
  • Indecent Exposure 
  • Eavesdropping
  • Posession of child pornography
  • Incorrigibility
  • Domestic Violence
  • School Truancy
  • Juvenile Sex offender Registry
  • Juvenile Violation of Probation  
  • Juvenile Waiver Cases 
  • Designated Juvenile Cases

RESOURCE FOR PARENTS, COUNSELORS AND CHILDREN:

The Law for Minors, Parents and Counselors: https://www.michbar.org/file/programs/pdfs/thelaw.pdf

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