Over the past two decades, youth incarceration in the U.S. has dropped a dramatic 75%, from around 109,000 detained juveniles in 2000 to only 27,600 in 2022. Arrest rates hit their peak in 1996 but have since fallen over 80% for youth under 18. Despite this progress, racial disparities persist. Black youth are still close to five times more likely to be jailed than their white peers. And while only about 8% of juvenile arrests in 2020 were for violent crimes, thousands still face delinquency charges for offenses ranging from vandalism to robbery. Approximately 423,000 youth have cases handled in juvenile courts each year.

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So, while youth incarceration is declining overall, many parents still face the frightening possibility of their child being arrested and referred to the juvenile justice system. If this occurs, stay calm and focused on protecting their rights. The process for legally defending a minor has unique aspects and procedures compared to the adult system. Having an experienced criminal defense lawyer well-versed in juvenile law is essential to mitigating charges and avoiding detention or permanent records.

The first step is to declare you want a lawyer present before any questioning occurs. Juveniles facing criminal allegations have a right to legal counsel, even if their parents cannot afford a private attorney. The court will appoint a public defender for low-income families.

Find an Attorney Experienced in Juvenile Law

Next, find a lawyer with expertise in juvenile cases in your state—simply search for ‘best criminal defense attorney near me’. The juvenile justice system differs from adult court, so you want counsel familiar with the specific laws, procedures, and typical outcomes. A skilled juvenile attorney knows how to negotiate with prosecutors for reduced charges or diversion programs.

Follow Your Lawyer’s Guidance

Follow your lawyer’s advice closely throughout the process. Their job is to protect your child’s legal rights, develop defense strategies, negotiate with the prosecution, and represent your child in court. Any discussions about the case facts or testimony should go through your attorney.

Work with your lawyer on a defense strategy. Common options include:

  • Negotiating a plea bargain to lesser charges
  • Seeking pre-trial diversion to avoid a juvenile record
  • Presenting evidence of your child’s mental state or life circumstances
  • Disputing evidence through forensic investigation
  • Utilizing defenses like self-defense or false confession

If a plea deal cannot be reached, your child has a right to a fair trial before a judge or jury. Their lawyer will question witnesses, present evidence, and refute the prosecution’s accusations. But statistically, very few juvenile cases end up going to trial.

Provide Emotional Support to Your Child

Throughout the process, offer your child emotional support and positivity. Do not shame or lecture. Let them know you are on their side and will face this as a family. Also, get any needed mental health counseling or addiction treatment to address underlying issues.

Advocate for Your Child at Sentencing

If your child is convicted or takes a plea bargain, focus on the sentencing. Push for probation, community service, and rehabilitation programs over incarceration. Stress your child’s remorse and family support system. In many cases, second chances are possible for youths without extensive records.

Having an experienced criminal defense lawyer increases the odds of keeping your arrested child out of detention, avoiding a permanent criminal record, and mitigating long-term consequences. While incredibly stressful, parents can help their children emerge from a brush with the law stronger and wiser.