If you have been arrested for a juvenile crime in Michigan, you have the right to know what you are being charged with, and if you have not already consulted an attorney, you have the right to speak with a legal representative. Like an adult, you have the right to not incriminate yourself, and police cannot require you to give up information that could lead to your conviction.

The rights of adult and juvenile offenders differ slightly once a trial begins, however, especially if alternative sentencing in juvenile court is sought. If your case is heard in juvenile court, you do not have the right to a jury trial, and if you agree to the conditions of the Juvenile Consent Calendar, you will have to abide by the judge’s decision. If you are sentenced on the formal calendar, and you face a court trial, you have the right to call witnesses, questions testifying witnesses, access the court transcripts, and appeal a conviction, just as an adult would.

Identifying the underlying reasons for the juvenile’s behavior is something that we explore at the first consultation. We know that a child can get in trouble by having the wrong friends, peer pressure or engaging in a prank or activity that gets out of control. We may strongly urge counseling when a juvenile has a psychological disorder, substance abuse/alcohol problem or suffers from PTSD or other stressors.

Your child’s text messages and posts on the internet (Facebook, Twitter, Instagram) may support criminal charges (stalking, threats of terrorism, unlawful posting, use of the computer to commit a crime) or create an unsavory profile of your child. This is especially true when the text messages or internet posts are of a sexual or violent nature. The posts may be used as evidence by the prosecutor or considered by the court in various ways. Being proactive about how your child uses a cellphone or the internet is therefore imperative. Once under an investigation or in the juvenile system, we invariably recommend that our juvenile clients shut down any social media sites or refrain from texting or posting anything on the internet.

Juveniles, even those that are of tender years, are not exempt from being charged with a sex crime or child pornography. When a juvenile is charged with a sex crime, our first order of business is to obtain an independent psychological profile. We do this because we know that the court is concerned as to whether a child is a predator or likely to repeat acts of sexual aggression or misconduct. A thorough psychological profile will later be utilized in the court system to advocate for a specific plea bargain or favorable disposition.