What should I do if my child was arrested? 39 Answers as of November 07, 2011

My 15 year old son and another minor got arrested a few weeks ago for taking another minor's cell phone with a knife. The police found them right after and recovered the cellphone and it was returned to the minor. My son was arrested and he has court. I need to know what will happen to him then and what I need to do. He has never been in trouble before, this is his first time.

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Jacob P. Sartz IV., Attorney at Law
Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
You should try to retain a lawyer on your son's behalf and advise him not to say or do anything with the authorities unless he has the advise of council.
Answer Applies to: Michigan
Replied: 11/7/2011
Reza Athari & Associates, PLLC | Armand Fried
Obviously, he should get a good attorney right away. He may be able to plead to something relatively small because of his age, and a lot depends on details like who had the knife and exactly what was done to the victim.
Answer Applies to: Nevada
Replied: 10/28/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
It is very difficult to know what might happen to your 15 year old son. If he took a cell phone from another person while armed with a knife, the charge would be robbery first. As an adult he could get a life sentence on this charge. Provided this matter stays in juvenile court it will most likely be resolved as a Serious Juvenile Offender (SJO) and punishment may include state school or a substantial period of incarceration or probation.
Answer Applies to: Alabama
Replied: 10/26/2011
Levine & McHenry LLC
Levine & McHenry LLC | Matthew McHenry
It is impossible to predict what will happen without more details. At the very least, your son needs an experienced criminal defense attorney to represent him. Based on what you have described, your son will be facing very serious charges.
Answer Applies to: Oregon
Replied: 10/26/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
The fact that a knife was involved makes this serious. He will need an attorney. If you cannot afford an attorney for your son a public defender will be appointed for him.
Answer Applies to: California
Replied: 10/26/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
The next step is involving court proceedings, probably in juvenile court (If they do not try to charge him as an adult). He needs an attorney in either case. He could possibly go to a residential place if convicted as juvenile or prison if convicted as an adult.
Answer Applies to: Michigan
Replied: 10/26/2011
Keyser Law Firm
Keyser Law Firm | Christopher W. Keyser
Because your son is 15, he probably will not face being certified as an adult to be prosecuted in adult court (based on the facts you listed). He will most likely be charged with aggravated robbery (the robbery charge becomes an "aggravated" robbery due to a weapon - knife - allegedly being involved). While your son will most like remain in juvenile court, it is still imperative to consult with an attorney before moving forward. Such a conviction is likely to result in juvenile detention (juvenile jail) or at least some longer term programming for youths.
Answer Applies to: Minnesota
Replied: 10/26/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
He will need an attorney in court. If you can afford one you should hire a criminal specialist who also handles juvenile matters. If you cannot afford the court may appoint an attorney after reviewing your financial situation.
Answer Applies to: California
Replied: 10/26/2011
Law Office of Ronald Aronds, LLC
Law Office of Ronald Aronds, LLC | Ronald Aronds
You are describing and armed robbery. If he was an adult he would be facing actual state prison time. He still faces the possibility of the prosecutor trying to get him waived up to adult court due to the nature of the offense. He definitely needs a lawyer.
Answer Applies to: New Jersey
Replied: 10/26/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
His first appearance in court will be an arraignment. At the arraingment the court will advise him of the charge in the juvenile petition, his rights, including his right to an attorney, and ask for a plea. You may wish to consult with an attorney before making a decision as to how to proceed. A juvenile record is a public record. An attorney may be able to work out a plea agreement that would prevent an adjudication.
Answer Applies to: Michigan
Replied: 10/26/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    It sounds like your son is being charged with armed robbery, which is a very serious offense. If it was my child, I would get his butt to a defense lawyer’s office ASAP. This is a very serious charge for which he could be locked up. Don't mess around with this - get to a lawyer for a consultation.
    Answer Applies to: Georgia
    Replied: 10/26/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Because he is charged with a felony offense, he could be sent to TYC. He needs alawyer to represent him, and NOT the same lawyer as the other kid.
    Answer Applies to: Texas
    Replied: 10/25/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    My advise to retain experienced defense counsel. This is a felony robbery case. The good news is that the case will be charged out in juvenile court where leniency is shown towards youthful offenders. The case is weak from a defense standpoint and the best strategy now is for him to show remorse and make positive steps toward rehabilitation while the case is still pending.
    Answer Applies to: Minnesota
    Replied: 10/25/2011
    Law Office of Martina Vigil
    Law Office of Martina Vigil | Martina A. Vigil
    It is likely that he will be charged with burglary and assault with a deadly weapon. These are both strike offenses which means a subsequent serious or violent third strike charge could lead to a minimum life sentence. Your son is facing very serious charges. You should hire an attorney immediately to try and either reduce charges or have them dismissed.
    Answer Applies to: California
    Replied: 10/26/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    He'll probably get Youthful Offender treatment and not do time.
    Answer Applies to: New York
    Replied: 10/25/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Taking a cell phone at knife point? That's robbery plus the use of a weapon. He's looking at up to six years in custody. He needs an attorney. Either one of your choosing that you hire or the court will appoint a public defender to represent him. First offender or not he's looking at some serious charges.
    Answer Applies to: California
    Replied: 10/25/2011
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    He is likely to be charged with Robbery and use of a deadly weapon.
    Answer Applies to: California
    Replied: 10/25/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Juvenile court provides free public defenders to anyone under age. The parent does not have to pay as it is based on the income of the minor and since most minors do not have income it is free.
    Answer Applies to: California
    Replied: 10/25/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Hire an aggressive juvenile criminal attorney in your area. Juvenile crimes are very serious and can affect him for the rest of his life. It is imperative that you hire the best attorney you can afford.
    Answer Applies to: Texas
    Replied: 10/25/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    He will be charged in juvenile court. Most of the cases result in supervision and minor consequences, however when an allegations of a weapon are present, things sometimes get more serious. He may face extended supervision, time in a juvenile facility, and other consequences. Make sure he is represented by an attorney.
    Answer Applies to: Minnesota
    Replied: 10/25/2011
    John V Commons, Attorney at Law
    John V Commons, Attorney at Law | John Commons
    You need to hire a lawyer for him. What you described is an armed robbery which is quite serious even as a juvenile.
    Answer Applies to: Indiana
    Replied: 10/25/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You really need to get your son an attorney. Strong-arm robbery (with a deadly weapon) is serious. It is a felony charge, a conviction of which (even if jail time is minimal or possibly none) can have very long lasting impact upon your son. It can affect employment opportunities and college opportunities. Get him an attorney.
    Answer Applies to: Washington
    Replied: 10/25/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    This is potentially a serious charge. Your son needs legal representation. The initial court appearance is an Arraignment. Your son either admits or denies the offense. Assuming that this case is charged as a felony, your son may obtain court appointed counsel or private counsel. If the court appoints counsel for your son, you will be asked to make financial disclosure to determine what amount you are expected to contribute.
    Answer Applies to: Minnesota
    Replied: 10/25/2011
    Law Office of Nixon Ayemi | Nixon Ayeni
    Get a lawyer to help defend him if you can afford one.
    Answer Applies to: Minnesota
    Replied: 10/25/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If the case is in juvenile court, he will automatically be appointed a public defender to represent him before the court. You must be present, but if unable to afford private counsel, do not worry, your son will have counsel. As for an outcome, it is hard to say, but probably, after a social background conducted by the probation department, he will get probation. Of course, a lot depends on his past criminal history, if applicable.
    Answer Applies to: Illinois
    Replied: 10/25/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    I strongly recommend retaining counsel who is familiar with criminal defense and/or Juvenile Delinquency cases. Your son could get anything from a Consent Decree to 5 years in jail.
    Answer Applies to: Pennsylvania
    Replied: 10/25/2011
    Pascher Law Firm
    Pascher Law Firm | Sonia Pascher
    This is a serious matter. Your son may be charged with robbery. In addition, the knife may result in enhanced penalties. At 15, he will probably remain within the juvenile court. If the court finds that he committed the crimes as alleged, then at worst he will probably will be remanded into the custody of the CYA (California Youth Authority).
    Answer Applies to: California
    Replied: 10/25/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You son is a part of the millions of kids who want to be "thugs". They idolize rappers and have no impulse control, decision making ability, maturity, morals, or respect for their reputation or family name. You have not given him a good foundation of education, respect for his parents and family name, and respect for others and the law. He is a very bad decision maker and will continue to make those bad decisions unless you get him an education and counseling for many years to come. No one in their right mind would commit a Class B violent Felony for a few dollars or a cell phone. Only kids and crack heads commit armed robberies for a cell phone. First, retain a good criminal attorney, second, put him on a 10:00 curfew. Third, make him do at least 3 hours of homework every night. Explain to him that having a criminal record will prevent him from ever getting into a good school or getting a good job or career. You are probably a very nice woman who has tried to raise your son as best as you can, but unfortunately kids usually don't listen to their mothers and are heavily influenced by their peers, celebrities, and pop culture. He needs a father who will instill some discipline and set some rules to follow. That is more often a probation officer than a father in some neighborhoods where children are raised by gangs, not parents. He is eligible for Youthful Offender Treatment and if the court grants it he will not have a criminal record or go to jail. Do not use a public defender if you can afford an attorney or he may have a criminal record or go to jail. He may also violate probation over the next 5 years and that will result in a prison term. If he is arrested again the judge will not grant the YO and he will have a criminal record for life and possibly go to a juvenile facility. They are the places where kids get hardened and become criminals. If you care about your son spend a few thousand hours getting him to be an intelligent, productive, moral,and responsible adult.
    Answer Applies to: New York
    Replied: 10/25/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    He will be charged in juvenile court and the judge can hold jurisdiction over him until he reaches 18. I would imagine he would be given some type of probation rather than a confinement sentence.
    Answer Applies to: Kansas
    Replied: 10/25/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    You absolutely need to hire an experience juvenile criminal defense attorney. What you have described in your question is a first degree robbery accomplished by using a deadly weapon, the knife. This is a strike offense under California's Three Strikes Law. Needless to say, this is a very serious matter and your son really needs competent representation. The fact that your son has never been in trouble before is certainly helpful but in no way diminishes the seriousness of his case.
    Answer Applies to: California
    Replied: 10/25/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    This is a designated felony so your son may be charged as an adult. Typically, New York prosecutors will be discussing with your son's lawyer a possible resolution to the case at this early stage. If no deal is worked out, then the prosecutors will present evidence to a Grand Jury to determine if there is enough evidence to proceed to trial. This is called an indictment. If your son is indicted, then his lawyer should be making motions to challenge the evidence against him. A deal can be reached at any time but if no deal is reached, the case will proceed to trial. The good news is that because of your son's age, there are many alternative sentencing options that are available that could keep him from going to jail.
    Answer Applies to: New York
    Replied: 10/25/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Your son will first appear before an attorney referee. If convicted at trial or if he pleads guilty to the charge or a lesser charge, he will probably be placed on the juvenile form of probation which is geared more towards rehabilitation and community service as opposed to punishment. Keep in mind that juvenile adjudications are not public record and he can apply to have them expunged at age 24 provided he has nothing else on his record. Seek out an attorney for representation.
    Answer Applies to: Michigan
    Replied: 10/25/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Unfortunately, your son will likely be charged with armed robbery. Having a weapon present was a huge mistake and it doesn't matter who held the knife. In Juvenile Court, the person charged, the respondent is tried before a judge. Sentencing is based on a standard range of possible consequences including incarceration in the Juvenile Department of Rehabilitation or JDR. The JDR is plainly a prison for the worst kids. It is possible but unlikely your son could even be declined, or tried as an adult. It is of the utmost importance that you hire an experienced juvenile defense attorney as soon as possible. It may be possible that your son could testify against the other kid in exchange for a reduced charge but that will be up to the assigned prosecutor. If you haven't deduced this by now, your son is in deep trouble. He should remain silent and speak to no one about this situation other than his attorney.
    Answer Applies to: Washington
    Replied: 10/25/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    This is a very serious matter. The likely charge is armed robbery. This is a major felony charge. If the prosecution is inclined, your son could be treated as an adult and punished accordingly. You should consult a lawyer immediately regarding this matter. You want to ensure that your son is not treated as an adult and you want to minimize the charges that are to be brought against your son.
    Answer Applies to: Massachusetts
    Replied: 10/25/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    It may be his first time, but your son started near the top of the list of serious crimes. He is accused of armed robbery, one of the most serious crimes in the code. There will be a first appearance hearing, at which the court will decide whether there is enough evidence to go further with the charges, and will decide what to do with him between that date and trial. If you haven't hired a lawyer (and you should if you can afford to) the court will appoint a lawyer for your son. If he does not admit the act, there will be a trial. What his punishment will be depends on the judge.
    Answer Applies to: Georgia
    Replied: 10/25/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Your child's case is likely in the Juvenile Court. It would only be waived through a traditional waiver, as you do not describe an automatic waiver case. One possible resolution is through diversion. If there are no other offenses on your child's record, then diversion may be possible. This will need to fit within your county's policies on a diversion case. Another possible resolution is the consent calendar. If placed on this status, then after a period of time and conditions, it could result in a dismissal. A final possibility is a standard plea or a trial. If a plea is entered into, then there will likely be probation. Any trial could be by referee, judge or jury. If convicted, the likely result is probation. There is an unlikely possibility of detention in the Youth Home or placement. Either way, the conviction would be on a juvenile record and not public. Therefore, the conviction is sealed and does not follow him into the future for most employment purposes. To see what may apply in your case, you should hire an attorney who is familiar with your county's practices.
    Answer Applies to: Michigan
    Replied: 10/25/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    This is a pretty serious charge and if he was an adult it would be a felony. Even as a juvenile a robbery with a deadly weapon is serious. He needs to talk to an attorney as soon as he can.
    Answer Applies to: California
    Replied: 10/25/2011
    Kennedy & Roe
    Kennedy & Roe | Michael Kennedy
    That is robbery and can be very serious, and you do not want a robbery on his record, even if "only" juvenile. You need to fight it, or else that can haunt him [for employment, federal grants. etc.] for a long, long time.
    Answer Applies to: California
    Replied: 10/25/2011
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