What will happen to a juvenile after he is arrested? 25 Answers as of July 12, 2013

My son was arrested last night, for 3 counts of simple assualt, for pushing my wife twice, and for punching me one time. No injuries occured to anybody in the home, He has never been arrested before. And his reasoning for it, was because my wife raised her hand while he was close to her and he felt threatend so he pushed her hand away. I thought that he had hit my wife, and I ran towards him, he "instinctivly" punched me one time in the back, and ran up the stairs away. he told police that he was trying to stop me, and avoid the situation by using force. What are some of the possibilties a judge will sentence him too?

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Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Typically, the juvenile will be charged in juvenile court with any criminal violations. You should consult with an attorney who is experienced in dealing with the juvenile court system.
Answer Applies to: Kansas
Replied: 6/7/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I would expect on the facts that you recite that the boy will be placed on probation and required to complete counseling as a condition of his probation. Stay well.
Answer Applies to: Alabama
Replied: 6/2/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
He may qualify for an ACOD ( Adjournment in contemplation of dismissal ). This means the case is adjourned for 6 months and if he does not get into any further trouble, the case will be automatically dismissed without the need to go to court again. He also should qualify for Youthful Offender Status and if he does not get an ACOD but pleads guilty to or gets convicted of a crime the conviction will be vacated and the records sealed. it also may be possible for you or an attorney you hire, to talk to the prosecuting attorney and maybe he will dismiss the charges if you and your wife both desire to have them dismissed. You should hire an attorney.
Answer Applies to: New York
Replied: 6/2/2011
Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
Has your son ever been in trouble before? Is he a good student?
Answer Applies to: Washington
Replied: 7/12/2013
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
These are very serious domestic violence charges. You need to retain defense counsel for your son forthwith. Our office practices domestic violence criminal defense.
Answer Applies to: New York
Replied: 6/1/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    As in all juvenile cases in Michigan, should there be a conviction in this case, the sentence can vary. The Juvenile could be released on probation on house restrictions, The Juvenile could be detained in the Youth Home. The Juvenile could be held in a State facility for up to age 19. Based on the facts in the case, it may be that the Juvenile will be placed on probation with house restrictions, should all parties agree. Also, he may be eligible for treatment under a "diversion" program which could be of benefit to him. The best advice is to hire an attorney who is familiar with Juvenile law and the Court in your jurisdiction. In the Detroit metro area, you may contact my office.
    Answer Applies to: Michigan
    Replied: 6/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You would be wise to hire legal counsel for your son. First a fifth degree assault can have lasting implications even in a juvenile proceeding depending on the particular facts of the case. There is a possibility of out of home placement in a juvenile facility, community service, requirements for assessments and/or therapy and more.
    Answer Applies to: Minnesota
    Replied: 5/31/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    He will be charged with the crimes and prosecuted unless his attorney can stop it from happening. Once in the system, he has to deal with it properly. My standard response is: No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There are a number of things that Juvenile Court can do. The least may be to either dismiss the charges or to set this matter for a good behavior resolution, known as a consent decree.The Court could also do a consent decree or a suspended sentence and order that the juvenile be evaluated psychologically or that he attend anger management.With no prior record and no one being injured I would not think there would be much more punishment than this.
    Answer Applies to: Alabama
    Replied: 5/31/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    No one can predict what a judge will do in a criminal case. I would urge you to retain a criminal lawyer who is familiar with juvenile court in your community. Good luck!
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    He will be charged with domestic violence of a household member and will likely be placed upon a diversion program or what is referred to as the court's consent calendar. Under either program the case may ultimately be dismissed if he successfully complies with the terms and conditions of probation. He needs to hire a lawyer like myself that specializes in this area of the law.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    There are several factual details I would need to know to give you any sort of accurate projection, but it really depends upon whether he is to be charged as an adult in the criminal court, or as a juvenile in the juvenile delinquency court. If he were to be charged as an adult and you and your wife declined to assist the District Attorney in prosecuting him by refusing to testify against him, the DA would likely not bother even to file an "information" or seek an "indictment" from a Grand Jury(these are the two charging vehicles available to the DA), much less prosecute him based upon one of those bases.He is more apt to face consequences if he is charged in the Juvenile Court. The great likelihood, if you and your wife do not wish to press a case against him in that court either, is that the Judge would put him on informal supervision without declaring him a juvenile delinquent. It might require him to do community service,or just to behave for a period of time without getting into any additional trouble.The court is most likely going to order your son to complete anger management/stress coping counseling in any event, and it may ask you and your wife to join your son in conjoint family counseling too. If you and your wife wish for the court to go harder on your son based upon a history of his violent behavior, or for whatever reason, then the court is more likely to dole out more harsh consequences to him. If you do not, then it is likely that your son will not face anything to severe.
    Answer Applies to: California
    Replied: 5/31/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    From what you say, I would explain the circumstances to the prosecutor if the matter proceeds to court, and they should dismiss the charges. If in fact, he is a minor, he will go to juvenile court, where he will probably be placed on supervision for a short period of time. There is also the chance that he will not be petitioned into court at all, maybe what happened at the police station was a station adjustment, which will not mean your son is being petitioned into court.
    Answer Applies to: Illinois
    Replied: 5/31/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    If the facts are as you stated them, your son has a right to a trial in Juvenile court before a judge and the judge may find there was no crime involved. Self defense is a solid defense to perceived and actual danger. If your son was defending himself, why did he hit you on the back? I have defended juveniles for 30 years and working with youth is a passion of mine. As for sanctions if the court found your son to be within the jurisdiction of the court could vary from simple probation (highly likely) to some time in detention with probation. In either case, the court is actually more interested in finding helping your son avoid this reaction in the future and will want him to get counseling. They will also be interested in knowing the dynamics of your family because it is obvious something is going on that is not healthy.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    As a juvenile, he is not charged with a crime but potentially brought under the jurisdiction of the juvenile court. The goal of the juvenile court should be to determine what help, if any, your son needs so that he does not continue with this kind of behavior. You and your wife's input in this process should be taken into consideration. It is possible that any complaint that is filed could be dropped or he may find himself on probation with various terms. At the worst, he could be detained in either secure or non-secure juvenile detention. The assistance of a lawyer may be helpful in this situation.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Once a juvenile becomes entrenched in the juvenile court system he or she can be on probation for years. As a result many parents often request getting the police involved as you have done though on occasion there is no other choice. You should hire a good juvenile defense lawyer for him and attempt to have the matter handled informally before actual charges are brought with the court.
    Answer Applies to: California
    Replied: 5/31/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    If your son is 16 or younger his case will go to the Juvenile Court in the county where this occurred. If he is 17 or older his case will go to one of the adult courts (depending on the county it could be State or Superior Court). Hopefully he will be in Juvenile Court where it is easier to keep things off his criminal record. If he is charged as an adult he could face a charge called Domestic Violence Battery. That charge has some painful consequences including loss of the right to carry a firearm under a federal law. In either juvenile or adult court, he is most likely facing probation and counseling with perhaps a fine and community service. A good attorney may well be able to keep your son from getting convicted of the charges in even the adult court. I suggest you consult with a criminal defense attorney in your area.
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    If your son is a juvenile he will likely not be looking at many serious consequences. Especially if his defense is self defense and it has some merit. The state can place him in custody at a juvenile facility until the end of his minority, this is not likely on a first offense or after 1 episode. More likely he is ordered to attend counseling and placed on juvenile probation.
    Answer Applies to: New Hampshire
    Replied: 5/31/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary indicated that your son hit you and pushed your wife but no one was injured. You state that he is a juvenile but you do not say what is exact age is. If he is under 16 the matter will likely be handled in Family Court and he will be placed on probation and not have a record or criminal conviction, but he authorities will be aware of the incident and it will be on the NYSID computer forever. If he violates probation he could end up in a juvenile detention facility. He will probably be given counseling and perhaps anger management classes. He must learn how to control his temper and calmly talk things out. He must learn that there can be serious consequences to violent behavior and that the police and the courts will not tolerate domestic violence of any kind. I'm sure he's a good kid who lost his temper and will learn an important lesson from this incident. I assume that you called the police, that is usually a mistake. You should have contacted a child psychologist to give him some guidance and not brought him into the criminal justice system. That can lead to him having a juvenile record, jail time, or cause problems later with the authorities if he gets in trouble again. Feel free to call for a consultation or representation.
    Answer Applies to: New York
    Replied: 5/31/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Clearly your son (your biological son, or your step-son?) is out of control; and all you appear capable of doing is making excuses for him. He struck his mother, and you act as if it is all OK since he felt threatened. Is his mother a drug addict? Then why would he think he was unjustifiably going to be struck. I wish you and your family the best of luck. Visit my website.
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Most likely he will put him in your custody. Make sure his lawyer knows what you told me.
    Answer Applies to: California
    Replied: 5/31/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Whenever a minor has been arrested it is deep concern for not only the minor but also the parents. An experienced criminal defense attorney can help the minor maintain his good name and his future open. Since proceedings involving minors can, depending on how they are initiated, be either reformative and rehabilitational in nature or punitive in nature like the adult system, it is best to hire a private attorney quickly.
    Answer Applies to: Hawaii
    Replied: 5/31/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    You need to retain an attorney. Based on those facts, there is a very good chance to have the charges dismissed outright so he does not have to deal with any sentence (or disposition as it is called for juveniles). If the case is not dismissed he is likely eligible for a diversionary program that requires some counseling and community service, but no finding of guilt. Even if he does have to go to court and is found guilty, the most likely penalty is probation with community service and counseling, but time in juvenile detention is possible. You need an attorney because a parent cannot represent a child in family court on these charges and your son cannot represent himself. If you cannot afford an attorney, he will get a public defender. You would be better off with a private attorney who can get into the case early and speak with the prosecutor, because a public defender will not look at the file until the day of court. Feel free to contact me for a free consultation.
    Answer Applies to: New Jersey
    Replied: 5/31/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If he is being charged as a juvenile, he will first be in front of an attorney referee. He will not go before a judge unless he decides to take the case to trial. If he pleads guilty or is found guilty at trial, more than likely he will be placed on a juvenile form of probation which could consist of anger management, mentorship program, community service, and whatever else they feel is necessary. He could spend some time in juvenile hall but from what you've told me that isn't likely. How old is your son? You should retain a criminal attorney who is experienced in juvenile cases. At least get a free consultation with one and have them review the police report.
    Answer Applies to: Michigan
    Replied: 5/31/2011
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