Dealing With Juvenile Criminal Cases
by John Fostar Media ReleationFor most people,
familiarity with criminal law is rather vague. They pick up information in bits
and pieces from movies, television, and crime stories.
But when criminal
lawyers become personally involved in the real world criminal system, the story
can be entirely different.
According to top Maryland criminal lawyers attorneys,
one of the challenges lawyers face is the problem of the juvenile.
Juveniles carry out certain acts which if committed by adults will pass of as crime
At the very least, they are violations of law.
Every year we come to
know of thousands of complaints of delinquency by youngsters.
What could be the
underlying reason why teens commit crimes?
The causes are
complex. There is no any doubt that hereditary and environmental factors play
important roles in juvenile crimes. It is a community problem with large social
ramifications.
Sociologists say lack
of discipline is a major factor. This can stem from juveniles having no homes,
broken homes, or the indifference of parents towards their children’s behavior.
A Largo Maryland criminal lawyer is of
the view that juvenile delinquency follows a path similar to typical adolescent
growth. Anti-social behavior can start in early childhood.
Whatever be the
reason, families and communities have enough opportunities to intervene and
preempt the onset of criminal behavior.
In any case whenever
a juvenile commits a crime, the procedure followed is different from that used
for adult offenders.
It must be borne in
mind that all states have special juvenile court procedures for youngsters that
get into trouble with the law.
Juveniles have due
process rights that apply to them in delinquency cases.
Here is a summary of
a few of them.
The police officers must have a probable
cause to make a search
Probable cause is a
norm by which judges assess arrests made without warrants, warrantless searches
& search warrants.
According to top Maryland criminal lawyers attorneys,
there exists probable cause if the facts support an unprejudiced belief that an
individual has committed a crime.
But the challenge is
how likely it must be that the delinquent has committed the crime.
However, in schools,
officials may need only reasonable suspicion of wrongdoing rather than the
probable cause to confine and search minors.
Minors have a right to a phone call
According to law, the
individual must be allowed to make at least one phone call if they are detained
and not likely to be released soon. The minor even has a right to contact an
attorney directly.
A Largo Maryland criminal lawyer says
that if the police decline the minor’s request for a phone call, anything the
minor says to the police subsequently will not be admissible in juvenile court.
They have no right to bail
It must be borne in
mind the juveniles do not have any constitutional rights to get bail, but they
are released to their parents prior to indictment in a juvenile court.
They have a right to cross examine
witnesses
Yes, it is true that
juvenile hearing is not a formal criminal trial, but according to law a minor
has a right to cross examine witnesses.
The charges must be proved beyond a
reasonable doubt
The U.S. Supreme
Court has clearly ruled that if a juvenile faces custody as a delinquent in the
court proceedings then it is the responsibility of the state to prove the
charges “beyond a reasonable doubt”.
A parent of any minor in trouble with the law must get in touch with a lawyer experienced in juvenile justice system.
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Created on Oct 31st 2017 04:43. Viewed 393 times.