Being arrested for a crime as a minor can be a frightening experience, but it doesn’t have to be a devastating one. At Amable Law, our desire is to help you through this process with your best interests as our goal. We make sure to communicate openly, honestly, and promptly with our clients through multiple channels of correspondence such as email, phone, and even skype, if necessary.
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Some of the most common crimes that juveniles are arrested include:
Often, the police may try and manipulate you into saying something incriminating during the beginning parts of the arrests, so make sure to stay smart and stay quiet. You do not have to give any information to the police.
If arrested for a juvenile offense, make sure to keep the following in mind:
Under Virginia law, the juvenile system is designed to lean towards the correction of the minor and prevention of future illegal acts. This separation of juvenile and adult criminal systems has several significant and practical implications. For example, in the adult justice system, every court trial is open to the public, whereas the juvenile system strives to maintain the privacy of the minor.
Arresting a juvenile offender in Virginia is almost the same as with adults. A minor is guaranteed the right to hear the basis of their arrest, the right to stay silent, and the right to an juvenile defense attorney. Furthermore, as with adults, police cannot simply search a minor without a warrant or probable cause of criminal activity.
However, there are some key differences in the police procedures for the arrest of a juvenile. For example, if the policeman is a school resource officer, he may only need reasonable suspicion of criminal activity on a school campus, whereas, with an adult in a normal circumstance, he would need probable cause.
Additionally, in the arrest of a juvenile, the officer may decide to issue a ticket that requires the juvenile to come into court at a later time and then release him or her to the parents or guardians, instead of driving the minor “downtown” into custody. If, however, the child is taken into custody, he or she will not be kept in an adult facility but in a juvenile facility, except in cases of more serious felonies or offenses.
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If the minor has been detained, he or she will have an adjudicatory hearing before a judge who will determine whether to continue with the case or to set the juvenile free. At this point, the juvenile may be represented by either a guardian ad litem or a Virginia criminal defense attorney. If the judge decides to continue with the proceedings, a disposition decision will take place at a later hearing, where the judge will find out information regarding the minor’s background and history to aid in the determining of a sentence.
Our team of attorneys in Winchester, VA maintains constant lines of communication with our clients, making ourselves accessible to address
any questions, concerns, or case updates as quickly as possible. The outcome of any case depends on the amount of preparation performed
beforehand. Our team takes the time to gather all the necessary facts and evidence for the cases we handle, equipping us with insight to work
towards reaching the highest favorable case outcomes.