Juvenile Crimes Defense Attorneys
If your minor child has been charged with a crime they will likely end up in Juvenile court. Juveniles and minors are a special case in our criminal justice system, and our firm has attorneys who formerly prosecuted these cases. The expertise required to navigate the Juvenile Justice system is critical to make sure your family gets the guidance and peace of mind you need.
In Michigan, a person is considered an adult for the purpose of criminal charges at the age of 18. Once a prosecutor decides to issue charges a delinquency petition will be filed with the Circuit Court’s Family Division. Much like adult court, the Juveniles will be required to appear in court for their hearings and can potentially be incarcerated.
While the goal of juvenile court is to rehabilitate, having criminal charges on your record can affect scholarships, college admittance, job prospects, and more. Having an attorney advocating for your child is paramount.
The attorneys at Rabaa and Nachawati PLLC specialize in the following areas of Juvenile delinquency:
- Civil infractions– citations usually issued on tickets. These infractions typically carry fines and court costs.
- MIP (minor in possession)– this includes status offenses. Many of these charges are criminal in nature simply because of age restrictions on purchase/consumption. For example alcohol.
- Misdemeanors– Crimes punishable by up to one year in jail.
- Felonies– serious offenses punishable by more than one year in jail. These serious charges carry heavy jail times, fines, and lifelong consequences. Having competent legal representation is imperative.
- Juvenile Incorrigibility– Parenting is difficult. At times it becomes clear court involvement is necessary to facilitate rehabilitation in incoriable juveniles. Incorrigibility refers to a child under 17 years of age that demonstrates a refusal to obey parents, guardians, or legal custodians. This can include drug/alcohol use, issues at school, child runaways, and more. A parent/legal guardian may file an incorrigibility petition with the Family Division of the Circuit Court to enter the youth into the Juvenile system for court resources and assistance
CHILD ABUSE AND NEGLECT
If you are being investigated or charged with child abuse or neglect the consequences can be life-altering. Law enforcement and prosecutors prioritize these cases. Having a competent and experienced attorney represent you can make all the difference.
Is it child abuse or parental discipline?
Under Michigan law, parents have the right to discipline their children. That being said, the punishment must not be excessive. Sometimes the line between the two is murky. Because this is a subjective standard these cases tend to be complex. You have a constitutional right to a trial by a judge or jury and they will have to decide whether or not the physical discipline was reasonable or excessive. Having an attorney with experience handling these types of cases is never something to compromise on.
Department of Health and Human Services/Child protective services involvement (DHHS) (CPS)
In a majority of child abuse cases, a criminal charge will also turn into an additional civil case. Once CPS is involved, they will conduct an investigation which will include a home visit, interviews with you, your child(ren), and anyone else who may have knowledge of the situation. Much like a police investigation, their finding is documented in a report and they determine what actions will be taken. They may file a petition in court for temporary wardship which would give the court temporary custody and decision-making power over your child; or in more serious circumstances they may seek termination of parental rights.
Many times once a petition is filed, DHHS will request the following take immediate effect
- Removal of the children from the home (foster care)
- Removal of the perpetrator from the home
- Supervised visitation only
- Suspended visitation
Nothing is more important to a parent than their child. If you are under investigation by CPS protect your family by hiring our team to advocate and fight for your family.