Questions for Attorney Carbone: Our Son Was Arrested! What Will Happen Next?
Question: Our son and his friends decided it was a good idea to take a neighbor’s car and go for a ride. Of course, the neighbor reported the car was stolen and the boys were arrested by the police. My wife and I are very worried about his future. What will happen next? Do we need a lawyer?
Answer: When your child gets into trouble with the law, many things are probably going through your mind. How will this affect his/her future? Will your child be heading to jail or a juvenile detention? And of course, do you need a criminal defense attorney?
Here is how the process works after a juvenile arrest:
Getting an experienced juvenile criminal defense attorney should be your first act. Not only do you need an attorney every time your child enters the courtroom, but a lawyer can help get the charges reduced to just joyriding instead of grand theft.
Your child may be held in a detention facility, depending on the nature of the crime or any past criminal record. In this case, a theft of a car can be quite serious though as a juvenile he may be facing a lesser charge. But if this is his first time, he may be released into your custody and you will receive a notice in the mail of when and where he will appear in court. If not, he will be placed in a detention center. It’s up to the judge whether he goes into a detention center. Bail is not available for juveniles.
It’s up to the courts to decide how the case will be handled, based on the seriousness of the charges, the age of your son, any prior record, and a willingness to cooperate. It can be handled either through former court proceedings, an informal court or through the Juvenile Conference Committee or Intake Services Conference. For more information on these proceedings, click here.
There are several consequences the court can impose on your son such as fines, community service, probation, and even incarceration. But you do have the right to appeal the judge’s decision within 45 days of the final court order.
And yes, the record can be expunged once five years have passed since the final discharge of the person from legal custody. Again, it’s best to speak with an attorney concerning expungement.
Your best option is to contact an experienced lawyer about your son’s juvenile arrest. Contact the Law Offices of Anthony Carbone today for a free consultation.