QUESTION
What should I do if my child was arrested?
Asked on Oct 24th, 2011 on Criminal Law - Michigan
More details to this question:
My 15 year old son and another minor got arrested a few weeks ago for taking another minor's cell phone with a knife. The police found them right after and recovered the cellphone and it was returned to the minor. My son was arrested and he has court. I need to know what will happen to him then and what I need to do. He has never been in trouble before, this is his first time.
23 ANSWERS
Criminal Defense Attorney serving Charlotte, NC
Partner at
Olsinski Injury, Family and Criminal Lawyers
2 Awards
It will depend on the county what will happen to him.
Answered on Jul 03rd, 2013 at 3:03 AM
Your child is subject to prosecution.
Answered on Jul 03rd, 2013 at 2:38 AM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
Force able robbery with a weapon is a serious crime.
Answered on Jul 03rd, 2013 at 2:37 AM
Jacob P. Sartz
You should try to retain a lawyer on your son's behalf and advise him not to say or do anything with the authorities unless he has the advise of council.
Answered on Nov 07th, 2011 at 8:47 PM
Obviously, he should get a good attorney right away. He may be able to plead to something relatively small because of his age, and a lot depends on details like who had the knife and exactly what was done to the victim.
Answered on Oct 28th, 2011 at 12:10 PM
It is impossible to predict what will happen without more details. At the very least, your son needs an experienced criminal defense attorney to represent him. Based on what you have described, your son will be facing very serious charges.
Answered on Oct 26th, 2011 at 4:55 PM
The fact that a knife was involved makes this serious. He will need an attorney. If you cannot afford an attorney for your son a public defender will be appointed for him.
Answered on Oct 26th, 2011 at 4:55 PM
Michael J. Breczinski
The next step is involving court proceedings, probably in juvenile court (If they do not try to charge him as an adult). He needs an attorney in either case. He could possibly go to a residential place if convicted as juvenile or prison if convicted as an adult.
Answered on Oct 26th, 2011 at 3:19 PM
His first appearance in court will be an arraignment. At the arraingment the court will advise him of the charge in the juvenile petition, his rights, including his right to an attorney, and ask for a plea. You may wish to consult with an attorney before making a decision as to how to proceed. A juvenile record is a public record. An attorney may be able to work out a plea agreement that would prevent an adjudication.
Answered on Oct 26th, 2011 at 2:09 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
Because he is charged with a felony offense, he could be sent to TYC. He needs alawyer to represent him, and NOT the same lawyer as the other kid.
Answered on Oct 25th, 2011 at 11:52 PM
Criminal Defense Attorney serving Norwalk, CA
at
Law Offices of George Woodworth and Associates
Update Your Profile
He is likely to be charged with Robbery and use of a deadly weapon.
Answered on Oct 25th, 2011 at 11:21 PM
Criminal Defense Attorney serving Orange, CA
at
Law Office of Joe Dane
Update Your Profile
Taking a cell phone at knife point? That's robbery plus the use of a weapon. He's looking at up to six years in custody. He needs an attorney. Either one of your choosing that you hire or the court will appoint a public defender to represent him. First offender or not he's looking at some serious charges.
Answered on Oct 25th, 2011 at 11:17 PM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
He'll probably get Youthful Offender treatment and not do time.
Answered on Oct 25th, 2011 at 10:54 PM
Criminal Law Attorney serving Oakland, CA
at
Dennis Roberts A Professional Corporation
Update Your Profile
Juvenile court provides free public defenders to anyone under age. The parent does not have to pay as it is based on the income of the minor and since most minors do not have income it is free.
Answered on Oct 25th, 2011 at 8:43 PM
3 Awards
Hire an aggressive juvenile criminal attorney in your area. Juvenile crimes are very serious and can affect him for the rest of his life. It is imperative that you hire the best attorney you can afford.
Answered on Oct 25th, 2011 at 8:28 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
You really need to get your son an attorney. Strong-arm robbery (with a deadly weapon) is serious. It is a felony charge, a conviction of which (even if jail time is minimal or possibly none) can have very long lasting impact upon your son. It can affect employment opportunities and college opportunities. Get him an attorney.
Answered on Oct 25th, 2011 at 8:08 PM
Criminal Defense Attorney serving Pittsburgh, PA
at
Law Office of Jeffrey L. Pollock
Update Your Profile
I strongly recommend retaining counsel who is familiar with criminal defense and/or Juvenile Delinquency cases. Your son could get anything from a Consent Decree to 5 years in jail.
Answered on Oct 25th, 2011 at 6:45 PM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Gabriel Dorman
Update Your Profile
You absolutely need to hire an experience juvenile criminal defense attorney. What you have described in your question is a first degree robbery accomplished by using a deadly weapon, the knife. This is a strike offense under California's Three Strikes Law. Needless to say, this is a very serious matter and your son really needs competent representation. The fact that your son has never been in trouble before is certainly helpful but in no way diminishes the seriousness of his case.
Answered on Oct 25th, 2011 at 4:56 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
Your son will first appear before an attorney referee. If convicted at trial or if he pleads guilty to the charge or a lesser charge, he will probably be placed on the juvenile form of probation which is geared more towards rehabilitation and community service as opposed to punishment. Keep in mind that juvenile adjudications are not public record and he can apply to have them expunged at age 24 provided he has nothing else on his record. Seek out an attorney for representation.
Answered on Oct 25th, 2011 at 4:43 PM
This is a very serious matter. The likely charge is armed robbery. This is a major felony charge. If the prosecution is inclined, your son could be treated as an adult and punished accordingly. You should consult a lawyer immediately regarding this matter. You want to ensure that your son is not treated as an adult and you want to minimize the charges that are to be brought against your son.
Answered on Oct 25th, 2011 at 4:32 PM
Samuel H. Harrison
It may be his first time, but your son started near the top of the list of serious crimes. He is accused of armed robbery, one of the most serious crimes in the code. There will be a first appearance hearing, at which the court will decide whether there is enough evidence to go further with the charges, and will decide what to do with him between that date and trial. If you haven't hired a lawyer (and you should if you can afford to) the court will appoint a lawyer for your son. If he does not admit the act, there will be a trial. What his punishment will be depends on the judge.
Answered on Oct 25th, 2011 at 4:25 PM
This is a pretty serious charge and if he was an adult it would be a felony. Even as a juvenile a robbery with a deadly weapon is serious. He needs to talk to an attorney as soon as he can.
Answered on Oct 25th, 2011 at 3:36 PM
Appellate Practice Attorney serving Clinton Township, MI
at
Thomas J. Tomko, Attorney at Law
Update Your Profile
Your child's case is likely in the Juvenile Court. It would only be waived through a traditional waiver, as you do not describe an automatic waiver case. One possible resolution is through diversion. If there are no other offenses on your child's record, then diversion may be possible. This will need to fit within your county's policies on a diversion case. Another possible resolution is the consent calendar. If placed on this status, then after a period of time and conditions, it could result in a dismissal. A final possibility is a standard plea or a trial. If a plea is entered into, then there will likely be probation. Any trial could be by referee, judge or jury. If convicted, the likely result is probation. There is an unlikely possibility of detention in the Youth Home or placement. Either way, the conviction would be on a juvenile record and not public. Therefore, the conviction is sealed and does not follow him into the future for most employment purposes. To see what may apply in your case, you should hire an attorney who is familiar with your county's practices.
Answered on Oct 25th, 2011 at 3:32 PM