QUESTION
What will happen to a juvenile after he is arrested?
Asked on May 27th, 2011 on Criminal Law - Michigan
More details to this question:
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?
12 ANSWERS
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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Has your son ever been in trouble before? Is he a good student?
Answered on Jul 12th, 2013 at 12:40 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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These are very serious domestic violence charges. You need to retain defense counsel for your son forthwith. Our office practices domestic violence criminal defense.
Answered on Jun 01st, 2011 at 8:49 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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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.
Answered on Jun 01st, 2011 at 8:45 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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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.
Answered on May 31st, 2011 at 4:08 PM
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.
Answered on May 31st, 2011 at 4:00 PM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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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.
Answered on May 31st, 2011 at 3:58 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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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.
Answered on May 31st, 2011 at 3:06 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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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.
Answered on May 31st, 2011 at 1:21 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Most likely he will put him in your custody. Make sure his lawyer knows what you told me.
Answered on May 31st, 2011 at 12:44 PM
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.
Answered on May 31st, 2011 at 12:28 PM
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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.
Answered on May 31st, 2011 at 11:33 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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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.
Answered on May 31st, 2011 at 10:55 AM