Archive for January, 2012

Why You Shouldn’t Let Your Child Suffer Severe Criminal Penalties

January 10th, 2012

Adolescent boys and girls are in a unique position when it comes to crime because they are normally seeking acceptance from their friends. Unlike adults, young teenagers are inclined to commit crimes out of fear of rejection from their peers. Unfortunately, a large percentage of juveniles will “dabble” in some form of crime or another; however, not all of them get caught. When they do get caught, they run the risk of damaging future college scholarship opportunities as well as opportunities for employment.

Long ago, children and teens were prosecuted the same as adults. Fortunately, today, America’s courts recognize how important it is to focus on rehabilitating a juvenile, as opposed to subjecting them to severe penalties. Although most juvenile case will be tried in the juvenile courts, the more severe cases may be tried as an adult instead. When this happens, a juvenile will face the same punishments as an adult would in the adult system.

What types of cases are considered more serious? Certainly violent crimes are more serious than something such as vandalism or petty theft. If your child committed a gang related crime, or was involved in a serious felony such as manslaughter or murder, then you have a lot to be concerned about.

Common juvenile crimes include: vandalism, theft, DUI, disorderly conduct, assault and battery. However, juveniles can commit serious violent felonies, the same as an adult, especially if they are associated with a gang. These crimes may include: sex crimes, rape, molestation, arson, manslaughter, weapons offenses as well as murder.

According to the Federal Bureau of Investigation, in 2009 juveniles were involved in 9% of all murder arrests, 15% of all violent crime arrests, 14% of forcible rape arrests, 25% of burglary arrests, 24% of larceny-theft arrests and 44% of arson arrests. It’s obvious that juveniles claim a significant percentage of all criminal arrests in this country, and that as parents we have a lot of work to do if we want to reverse these seriously negative statistics.

Juvenile crime is a very real concern for the American society as a whole. When one looks at the statistics, they don’t lie. Juveniles are committing up to 25% or more of major crimes and in many cases, juvenile offenders are only beginning their criminal career. Anything that can be done by the parents and the system to re-direct the juvenile offender and steer them away from committing further crimes will not only provide hope for a brighter future for the young adult, but make our society safer in the future.

As a parent, it is crucial to consider your child’s best interests when it comes to sentencing. Although it may seem fair and just to let your child “learn a lesson,” you want to consider what may happen to them if they are exposed to other violent offenders. It has been proven that youth who are jailed with other adult inmates are far more likely to recommit a serious offense then those who are given rehabilitative treatment. Common penalties for a juvenile offense include:

  • Fines (typically paid by the parents)
  • Probation;
  • Out-of-home placement in a detention facility;
  • Cognitive behavioral training or counseling; and
  • Restitution (again, usually paid by the parents).

Most parents have a deep concern for their child’s emotional and physical well-being, as well as their future. Although there is no excuse for committing crimes, the sooner you take action to limit your child’s consequences, the better off they will be. Statistics have proven time and again that youth respond far better to rehabilitation and treatment, then if they are punished as an adult.

Although America’s youth is bound to make mistakes, as a parent it’s important to realize that they need your guidance and direction now more than ever. Sometimes having a caring and compassionate parent, teamed up with a like-minded lawyer can make all the difference in the outcome of the juvenile’s case. Doing whatever it takes to keep your son or daughter out of a juvenile facility and at home where they belong, along with focusing on rehabilitation and which bad choices landed them in this unfavorable situation, will help them get back on the right track.

If your son or daughter has been charged with a crime in Minnesota, it’s absolutely crucial that you hire an attorney who is experienced in both the adult and juvenile courts. Not only that, but you want to have an attorney who has intimate knowledge of the criminal justice system as well as any alternative programs that your child might be eligible for. » Read more: Why You Shouldn’t Let Your Child Suffer Severe Criminal Penalties

Things to Consider After You’ve Been Arrested

January 10th, 2012

Being arrested is a frightening experience. Guilty or innocent, the process of being removed from your home, booked and stuck in a jail cell is extremely stressful. The seriousness of the issue is compounded when you are unsure of what to do next. It is important to take several considerations into account during and immediately after your arrest in order to obtain the best possible outcome.

What to Do During an Arrest
Being arrested is a high adrenalin situation. It is natural to want to fight or flee the scene. Do not do either, under any circumstances. Cooperate fully with any instruction law enforcement gives. Do not admit guilt or attempt to proclaim innocence. This is not the time for anger or emotion. Do your best to remain as calm and collected as possible. Attempting to elude police or engaging in combative behavior during the arrest will be noted, and additional charges can be brought against you for your actions during an arrest.

What to Do During Processing and Booking
After an arrest, you will be transported to the nearest county jail facility. Once there, you will be required to give certain personal information to jailors. Give the information you are asked for as politely as possible without volunteering any additional facts. Again, do not admit guilt even if you are guilty. Fingerprints and a booking photograph will be taken. After processing and booking, you may or may not be interviewed by authorities. You have the right to remain silent, and you should use it. The moment you request a lawyer, authorities are no longer permitted to speak to you regarding the case until an attorney is present. Request the lawyer immediately.

What to Do in Jail
Once you are put in a cell, it is important to remain quiet about the details of your case. It may be tempting to discuss your circumstances with a cellmate who may seem to offer a sympathetic ear. Don’t. Often, testimony from cellmates plays an integral role in an eventual conviction. Be polite but distant with everyone you come into contact with. Remember, you are always being watched and everything you do from the moment of your arrest is fair game for a trial. If you can secure bail, do it. You will be much more available to plan your defense if you are free. » Read more: Things to Consider After You’ve Been Arrested