how an attorney for minors is different than for adults

What is the difference between a minor and an adult?

However; for criminal law purposes, a minor who is 17 or older is considered an adult and anyone 10 or older but under 17 is treated as a juvenile (unless the offense is so bad that they are classified as an adult regardless of age).

Should minor offenders have the same rights as adults?

Conclusion It would be self-defeating for any minor offender to think that the juvenile rights are meant to serve his or her interest. Compared to adult rights, the juvenile rights may be considered fewer and less protective in the face of attaining social and criminal justice to both parties involved.

Can a minor be charged as an adult?

In most of these cases, the minor is found to have full mental capacity in understanding their actions and the consequences to follow. Some states use the “once an adult, always an adult,” premise wherein a minor will always be charged as an adult after their first conviction as an adult.

What is considered a minor in court?

Under the law, being a minor means that a child is under 18 years old for the purposes of juvenile court. Some of the most common types of juvenile crimes include: Theft. There are several similarities between the adult and juvenile court systems, particularly in the rights that are afforded to a minor during the course of the proceedings.

Why do minors have no rights?

There are three reasons that minors do not have the same constitutional rights as an adult: the vulnerability of children, their limited decision-making capacity, and the important role parents play in making decisions for their children.

Do minors have the right to privacy?

If a minor has consented to treatment under a state law that allows for it, the Privacy Rule generally lets the minor exercise his or her own privacy rights. Yet the general rule under HIPAA is that the minor's parent or guardian exercises the minor's privacy rights.

Can a minor hire an attorney in California?

A parent can request an attorney be appointed or if both parents are in agreement, they can enter into a stipulation for Minor's Counsel to be appointed. However, only the Judge can actually appoint Minor's Counsel.

What is a third attorney?

These three individuals are third party, unbiased advocates that the court can appoint or the parties, through their attorney's, can motion for to make sure the child's or children's needs are put first during a contested family law proceeding.

What are the 12 rights of the child?

12 Child Rights Everyone Should KnowNon-discrimination. ... Family. ... Health. ... Protection From Harm. ... Identity. ... Education. ... Freedom of Thought. ... Access to Information.More items...•

Do doctors have to tell parents if minor is pregnant?

Most health care providers keep their clients' information confidential. Specific laws about what doctors have to tell your parents can vary from state to state. And for one reason or another, doctors can always decide to inform parents if they believe it is in the best interest of their patient.

Who is the youngest lawyer?

Baccus is the youngest lawyer in the world. He graduated from law school at the age of 16, in 1986 and became the youngest person ever to graduate from an American Law School.

Who pays for minor's counsel in California?

Minor's counsel only represents the child. The county might pay for the representation if the parents can't afford to pay themselves but usually the court requires one or both parents to pay the fees. Once assigned, the attorney continues to represent the minor until the child reaches the age of 18.

What does a lawyer for child do?

The role of a lawyer for the child is to act for the child in a way that the lawyer thinks will promote the child's welfare and best interests. The lawyer will meet with the child to find out his or her views, and will present those views to the court.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What three decisions Cannot be made by a legal power of attorney?

You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

Who can override a power of attorney?

principalA power of attorney (POA) is a legal contract that gives a person (agent) the ability to act on behalf of someone (principal) and make decisions for them. Short answer: The principal who is still of sound mind can always override a power of attorney.

What is the difference between an adult hearing and a juvenile hearing?

Open versus closed hearings: All adult hearings are open to the public, whereas juvenile hearings are closed. In most cases, it is only the lawyers, probation, the child, and his or her family who are present.

What is the best way to help a juvenile offender?

Counseling programs: Individual counseling allows the juvenile offender to have a one-on-one interaction with a counselor who has experience with at-risk youths. If there are family issues that contributed to the child’s behavior, the counselor can help the child work through some of these issues. Family counseling is also effective, particularly when family members are supportive and want the best for their child. This can help motivate the child to make positive choices going forward.

How do juveniles get rehabilitation?

Depending on the crime that was committed, juveniles may be detained in a juvenile detention center. In addition, the court may require him or her to perform community service and complete parole as part of the rehabilitation. The goal is to rehabilitate and help integrate them back into their community. The more support the juvenile has available, the better he or she will be able to make better choices. As a result, family, friends, and other positive role models play a large part in the rehabilitation process. The type of rehabilitation program used will depend on the crime that the juvenile committed and the child’s willingness to participate. The following are examples of rehabilitation programs that have proved to be effective:

What is adjudicated versus conviction?

Adjudication versus conviction: If an adult is found guilty of a crime, the offender is convicted. If the offender is a juvenile, he or she is considered an adjudicated delinquent.

Where is the disposition of a juvenile case?

A juvenile case is held in the county where the crime occurred. This is also where the case will be tried, unless the child lives in a different county, in which case the disposition will be moved to the child’s county of residence.

Do juveniles have a jury?

No jury: In juvenile cases, there are no juries. Although this means that the trials are less time-consuming, it also means that the juvenile will not benefit from multiple fact finders. In addition, the prosecutor must only convince the judge of the child’s guilt, rather than an entire jury. Juveniles also do not have the right to bail.

Do juvenile cases involve parents?

Juvenile cases involve family members: Unlike adult cases, where the lawyer deals only with the person charged, juvenile cases will involve the child’s parents or guardians. The lawyer will need to interact with family members to ensure that the child follows through with the advice given.

What is considered a minor?

Under the law, being a minor means that a child is under 18 years old for the purposes of juvenile court. Some of the most common types of juvenile crimes include: Speeding; Traffic offenses; Underage drinking; Vandalism; Curfew violations; Truancy; and. Theft.

What are the similarities between juvenile and adult court?

There are several similarities between the adult and juvenile court systems, particularly in the rights that are afforded to a minor during the course of the proceedings. A minor has the right to an attorney, the right to examine and cross examine witnesses, and can assert the Fifth Amendment against self-incrimination. In addition, a minor in juvenile court is required by law to have notice of the charges being brought against him or her and the prosecution must still prove beyond a reasonable doubt that the minor committed the accused crime.

What is the juvenile court system?

Finally, the juvenile court system is typically a little more relaxed than the adult system. The rules of evidence, examining and cross examining witnesses, and the like do not need ...

What happens if a judge finds a minor guilty?

If a judge finds that the minor is guilty, then the case moves to the sentencing phase. Another difference between the adult and juvenile systems is that the purpose of sentencing is rehabilitation in the minor’s best interest and not for the purposes of punishment.

Can a minor be tried in juvenile court?

When a minor is accused of committing a crime, he or she can be tried in juvenile court as opposed to adult court. However, the need for skilled legal representation remains the same regardless of what court the child is tried in, and the consequences of a juvenile court conviction can be impactful on the child.

Can a juvenile be tried by jury?

Furthermore, in juvenile court, a minor does not have the right to trial by jury. If a juvenile is charged with committing a delinquent act, a bench hearing is conducted for adjudication purposes—all evidence is presented by the prosecution and the minor regarding the alleged crime.

Is a juvenile a minor?

First, a juvenile is prosecuted for “ delinquent acts ” and not for committing a crime. Hence, the vast majority of cases seen in juvenile court are considered minor offenses. If the alleged acts are serious enough, then the minor may be tried as an adult for committing crimes in the adult system. Furthermore, in juvenile court, a minor does not ...

What are the similarities between a lawyer and a person?

Even with the glaring differences that lead to vastly dissimilar sentences and remedies, there are numerous similarities. These often exist in the rights the person retains during the situation. Each person may hire a lawyer, confront each witness and have his or her lawyer cross-examine the person and prevent self-incrimination. The individual may know and understand the charges through a lawyer and present a case that requires proof beyond reasonable doubt for a conviction. Even without a lawyer, the person may represent himself or herself in the courtroom, though this action is generally not recommended.

Why do juveniles need a lawyer?

Even if the matter involves a misdemeanor, both juveniles and adults may require the services of a lawyer to prevent a possible conviction for committed crimes. The lawyer may need to explain the matter more with a younger client, and the case generally proceeds differently with only a judge in these situations.

What is the difference between juvenile and adult detention?

While the adult system focuses on justice through incarceration or fines, the juvenile system believes the person needs rehabilitation and different sentences. The detention center is vastly different, but the type of activity within the facility may remain similar in violence, sexual assault and lack of care. The juvenile system provides community service, counseling and diversions within the community. The adult system may only offer probation, parole or jail or prison. The circumstances often change depending on the situation, the crime and the specific factors surrounding the person. No matter if tried as a juvenile or an adult, the individual should hire a criminal defense lawyer.

What does a judge want in a juvenile court?

The judge wants to provide a way out of criminal behavior, and lighter sentences with a focus on counseling or specific programs such as therapy or restorative projects may reintegrate the young person back into the community with little harm.

What is the maximum age for a juvenile?

However, other states set the age maximum for these juvenile matters at sixteen. Exceptions generally exist in states when the person commits a serious or severe crime that affects either a company or a person.

How old do you have to be to go to court?

Most states require a person to reach his or her majority or eighteen years of age before he or she will face the court as an adult. Without this circumstance, the person generally proceeds to a juvenile-specific courtroom. The greater differences in these situations involve the crimes and situations. If the person commits a felony ...

Is juvenile court more formal?

The formality is generally apparent in the adult court while the juvenile equivalent is less formal. The judge is often more willing to go lenient on a young person where the adult committing the same crime may face harsher punishments.

What is a plea deal for a minor?

The minor enters into a plea agreement. Often, a plea agreement hinges on the juvenile's compliance with certain conditions. For example, as part of a plea deal, a juvenile may need to attend counseling, obey curfews, or reimburse the victim for damages.

Why do juveniles have to appear in court?

The judge may also order the juvenile to appear in court periodically (called post-disposition hearings) so that the judge can monitor the juvenile's behavior and progress. (To learn more about sentencing options for juvenile delinquents, see Nolo's article Juvenile Court Sentencing Options .)

What does it mean when a judge diverts a case?

The judge "diverts" the case. When a judge diverts a case, the judge retains jurisdiction over the case while the juvenile undergoes a recommended program (such as counseling) or performs some act (such as community service or payment of restitution).

What does a probation officer do when a juvenile is delinquent?

If a delinquency ruling is made, a probation officer will evaluate the juvenile, order psychological examination or diagnostic tests if necessary, and then make recommendations at the disposition hearing (which is similar to a sentencing hearing in criminal court). The judge then decides what is in the best interest of the juvenile, and may order any number of things as part of the disposition, including:

What happens if a juvenile doesn't fulfill the court's obligations?

If the juvenile doesn't fulfill these obligations, the court may reinstate formal charges. The judge holds an adjudicatory hearing. If the case goes to trial (called an "adjudicatory hearing" in a juvenile case), both sides present evidence and the attorneys argue the case (much like a criminal trial).

What to do if a juvenile is abused?

pay a fine. perform community service work, or. enter probation. If the juvenile's abuse or neglect is suspected as part of the case, the juvenile court judge may initiate proceedings to remove the minor from parental or guardian custody.

What happens when a juvenile is suspected of a crime?

When a juvenile is suspected of violating a criminal statute, the procedure that's followed is very different from that used for adult offenders in a typical criminal case. All states have created a special juvenile court system for minors who get into trouble with the law. And although some minors are ultimately judged to be delinquent by these juvenile courts, the different players in a typical juvenile case -- including police officers, prosecutors, and judges -- have broad discretion to fashion other outcomes. (To learn about a minor's constitutional rights throughout the juvenile court process, see Nolo's article Constitutional Rights in Juvenile Cases .)

What is the term for a child in adult court?

Different Terminology. In adult court the child is not called a “defendant” he or she is called a “minor.”. The document listing the charges against a child is called a “petition” rather than a “complaint.”. There are no “trials”; instead there are “jurisdictional hearings” or “adjudications.”. What is known as a “sentencing hearing” in adult court ...

Who is the juvenile defense attorney in Los Angeles?

If your child has been charged with a criminal offense, Los Angeles juvenile defense attorney Jerod Gunsberg can help. For a free and confidential consultation, contact Mr. Gunsberg at (323) 633-3423 or get in touch via the secure contact form on this page. Help is available 24 hours a day, 7 days a week.

What is the role of parents and guardians in juvenile court?

It is standard practice in juvenile courts for the judge or bench officer to ask parents or guardians questions about their child’s behavior. The response of the parents or guardians may determine what role the judge plays when the court decides how to handle a certain case.

How old do you have to be to be a minor?

For family law purposes (custody, visitation, child support, etc.), a child is a minor until the age of 18 so long as he or she has not been, and is not currently, married. If a minor is emancipated, this too will remove the child’s minor status. Yet, for alcohol-related crimes, a minor is considered to be any person under the legal drinking age, which is 21.

Why are juveniles treated differently than adults?

The Texas legislature has specifically provided for a juvenile to be treated differently than an adult when it comes to criminal law. Having special juvenile laws simplifies proceedings and limits the amount of time during which offending children are separated from their parents. Disparate treatment of juveniles also helps to reduce the stigma associated with conviction of a crime for those too young to know better. However, by providing punishment for crimes committed (even though the punishments may be reduced compared to punishment for the same crime if committed by an adult), juveniles learn that there are consequences for their actions.

What happens if a minor is in possession of alcohol?

When a minor is found to be in possession of alcohol, he or she will be charged with minor in possession. Minors cannot purchase alcohol in the state of Texas, so they should not be in possession of alcohol either. Possession can include actual possession, which means holding an alcoholic beverage, whether it is full or completely empty, or constructive possession, meaning that the minor is at a party where alcohol is available. There are two exceptions in which a minor may be in possession of alcohol: 1) if the minor is performing some function of his or her legal employment that requires contact or possession of alcohol and 2) if the minor is in the visible presences of an adult parent, guardian or spouse.

What is a minor in consumption charge in Texas?

Under Texas law, a minor in consumption charge is effectively underage drinking of an alcoholic beverage. The offender does not need to be caught “red-handed” to be charged as a minor in consumption; merely smelling of alcohol on his or her breath or if a breathalyzer indicates that the minor has been drinking can be enough for the charge. Possession of alcohol alone, though, is not grounds for the charge of a minor in consumption. However, it is grounds for a charge of minor in possession of alcohol.

What happens if a child is charged with a crime?

However, some children push the boundaries that parents set, even going as far as breaking the law. If a child, who is considered a minor, is charged with a crime, he or she will be treated specially under the law, and will be tried as a juvenile. Generally speaking, a juvenile receive lesser punishments for the crimes committed compared to the punishments given to adults (those over 17 years of age). The thinking behind the differences in treatment is that a child may not have a full appreciation of the bad thing that he or she did. A child is more likely to be truly affected by the punishment handed down by the courts, and will likely correct his or her behavior in the future.

What to do if your child is involved in a crime?

If your child has been involved in a crime, you’ll need an experienced criminal defense attorney who can help your child to get through his or her case. The attorneys at Giles & Giles have years of experience working with minors, including alcohol-related charges.

Can a 17 year old be charged with the same crime?

So it is completely possible for two high school kids to both be charged with the same crime and be in two different court systems with two different sets of rules .

What is the difference between juvenile and adult court?

Some other differences between juvenile and adult court are as follows: Jury trial: While an adult has the right to trial by jury, a juvenile does not. Their case will be heard by a judge, who will determine whether or not they are guilty of a delinquent act; Open v.

How old do you have to be to be a juvenile?

Many states classify juvenile offenders as those who are between the ages of ten and eighteen. In other words, anyone under eighteen is a juvenile, but you must be at least ten years of age to enter into the juvenile justice system. In other states, however, the age at which an offender is treated as an adult may be as young as sixteen or seventeen.

What are Some Methods Of Rehabilitating Juvenile Offenders?

Juveniles may be detained in a juvenile facility as part of the disposition of their case. They may also be required to perform community service and complete parole.

What are the factors that affect juvenile delinquency?

Other factors that may affect the decision include whether the juvenile is willing to participate in rehabilitative activities, and whether their parents are involved, and can positively impact their future behavior.

What are the similarities between juvenile and adult trials?

In both cases, the accused has the right to a trial/hearing, the right to an attorney (which includes the right to have a public defender appointed), and the right to call witnesses and to cross-examine the prosecution’s witnesses.

What is adjudication vs conviction?

Adjudication v. Conviction: An offender who is tried as an adult for a crime, and whom a judge or jury determines to be guilty, is convicted of that crime. A juvenile, however, is “adjudicated delinquent.”. Disposition v.

Why are juveniles given the chance to reform?

Juveniles, though, are given the chance to reform in the hopes that they will not continue criminal activities into adulthood and enter into the adult criminal justice system.

What is the difference between juvenile and adult offenders?

Usually when an adult offender is arrested, he or she is locked up in a jail cell to wait whether he or she can be released on bail or on own recognizance. A juvenile on the other hand, is never detained together with adults.

How many phone calls can a minor make?

The minor offenders are allowed to make a maximum of two phone calls when taken to a probation officer. One is to alert his or her parent or guardian and any other responsible relative or employer.

Why do juveniles have to go through due process?

On the other hand, the juvenile system lacks any procedural protections to the offender.

Can a juvenile be released from custody?

The law enforcement agencies have four options when the child is locked up in a temporary custody; the child can either be released with a mere warning, taken to a private or public juvenile facility, given a written notice to seek counseling before a community agency or taken to a probation officer (California Judges Association, 1979). While cases involving minors are never bailed, the juveniles have extreme privileges and rights more than adult offenders.

Do juveniles have the same rights as adults?

However, from 1967 when the first reforms in the juvenile justice system were instituted up to now, juveniles have continued to enjoy the same or more rights than their adult counterparts (Conward, 1998). Nevertheless, there are numerous differences between juvenile and adult offenders from the time of arrest up to the time of trial and sentencing.

Can a juvenile be detained with an adult?

A juvenile on the other hand, is never detained together with adults.

Can a minor have a parent in a meeting with an attorney?

While an adult who invites a third party in his or her meeting with an attorney would waive his or her right to attorney/client privilege, a juvenile is permitted to have a parent or a guardian during their meetings with attorney without their attorney/client privilege being waived (Conward, 1998). The first task of the attorney would be to put strong case why the minor should be released as the case is being looked into. Juvenile Rights and Justice

What is the loyalty of an attorney?

I agree with the previous two answers. The loyalty of an attorney is to the client and nobody else, regardless of age.

Can a juvenile lawyer meet with a lawyer?

YES, the attorney-client privilege applies to juveniles, just as it does to adults. If you do not trust the attorney for some reason, discuss your concerns with the lawyer and ask the lawyer why she wants to meet with your child alone. Tell her your fear is caused by what happened about the questioning outside your presence. Discuss with the lawyer whether there is a legal basis to challenge the statements your...

Who Is A Juvenile?

Juvenile's Rights and Protections in Juvenile Proceedings

• Juveniles don't have all of the same constitutional rights in juvenile proceedings as adults do. For example, juveniles' adjudication hearings are heard by judges because youthful offenders don't have the right to a trial by jury of their peers. They also don't have the right to bailor to a public trial. However, juveniles do have some extra protec...

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Juvenile Court Rulings Or Dispositions

Have More Questions About Juvenile Proceedings? Talk to A Lawyer