Does It Really Help if You Get an Attorney in a Juvenile Court?
Question by vvinn3r: does it really help if you get an attorney in a juvenile court?
my friend says he wants to just give up and take the consequences and plead guilty. but will the charges be less with an attorney? he sold drugs-.-x
Best answer:
Answer by Dan L
Are you joking???
ABSOLUTELY. This is a kids’ life you are talking about.
Answer by bluhbluh24
Clearly, there are going to be many factors that determine the outcome of any legal matter. Its possible that even with an attorney, your friend will still end up with the same consequences he faces on his own. However, an attorney is going to be much more knowledgeable about the law, might have dealt with similar circumstances in the past, may have relationships with people in the court system, and can give the best advice. Additionally an attorney may be able to suggest options your friend may not even be aware of. If the consequences are serious, its always best to have an expert on your side.
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It is almost always worth hiring an attorney, including a Public Defender. A criminal attorney is much more familiar with the court system than a lay person. An attorney could possibly help your friend strike a plea deal that results in either reduced charges or a reduced sentence. An attorney will also be familiar with alternative sentencing options that could reduce jail time. It’s very difficult to be knowledgeable about all the options available without assistance from an attorney. There’s no guarantee of reduced charges or a reduced sentence using an attorney, but if the possibility exists, your friend’s odds of getting it are much better with an attorney.
it depends on what the case is and what the capacity for plea bargains are.
1) First off, the court likes to give first time offenders a chance.
so in a lot of petty cases, a high priced attorney wont do much more than a public defender because they are both going to stand in front of the judge and say “he’s a good kid and this is his first offense, i recommend the minimum”.
2) A lot depends on the circumstances of the case. Getting busted selling a joint to a buddy is different than being a “dealer”.
My only recommendation is play both sides.
Talk to the public defender and ask him what he thinks. He works with juvenile cases ALL DAY and has a good idea of how the courts will act and what you are likely to get. <- This establishes the "boundaries" of what your case. (Ie. At worst case, 2 years, at best probation, etc...) <- Sometimes, what "he thinks will happen" is ok. If he said, 1 year probation, 80 hours community service and $ 1000 fine, it might be worth it to NOT FIGHT, and put everything behind you. Is it worth paying a high price lawyer to get 6 months probation, 50 hours, and $ 1000 fine? Was he really worth $ 1000+ for the difference, problems and extra stress? Then, if you are still displeased with those results consult a professional and ask him what his "professional opinion" is. (Realistically, this is the same phone call to the prosecutor asking him about the case and what he'd consider as a plea bargain.) The "paid for" attorney works a little bit harder and works the angles... but in some cases there are no angles. Understand that courts always establish "boundaries" for the purpose of equal justice. Every case has bazaar details, but 10 out of 10 similar cases will have similar outcomes (the details of the infraction add details to the sentencing but its still the same overall "starting point"). The worst thing that can happen with the public defender is that when you get to the arraignment date ("do you plead guilty or not guilty" day), if you dont like what your PD says, you plead "not guilty" and stall the case for 3 months. In this time you can get a "paid attorney" and nothing really changes (from the legal stand point). Your paid attorney will probably still want to work the angles and behind the scenes to get a plea bargain and settle out of court before the next court date anyway. What a high priced lawyer can do is fight and haggle over details and ways to reduce the sentence or get it dropped. They operate in the "fuzzy" lines and find ways to wiggle through them. (eg. We found pot under the driver's seat in the car. The driver got charged with the infraction... The "high priced" lawyer could fight that the drugs werent the drivers...) Ultimately, there are some cases that are "slam dunks" for the prosecutor and there is little that any lawyer can do. (ie. We saw you give drugs to the guy and receive money. We raided your house and busted the 100 pot plants in YOUR living room. How do you try to prove you didnt do that?) *Depending on the case, your expensive lawyer may not get you and different solution than a public defender. AND depending on the attorney may know more about the case and solutions as they work with juvenile law EVERYDAY. <- This is not advocating using a public defender, but explaining that a "paid for" attorney may not be the best option either. In any case, usually your legal council will recommend that you take a plea bargain or plead guilty on the original court date. This stops a long trial and bogging down the court system. A lot of times your legal council will ask the prosecutor to accept a plea for a lesser charge to finalize the case. (ie. Felony Possession with Intent to Sell - "Dealing" - gets dropped to misdemeanor possession IF you plead guilty today.) This is a haggle between the 2 attorneys, both sides know exactly what their "minimum" is and its up to the two to find an agreement. Sometimes the prosecutor will accept the plea bargain, but sometimes (depending on the case and circumstances) he/she wont. i'm not saying to ignore the case, but if its your first time, and its a relatively small case i wouldnt really stress to much. You will get plugged into the "first time offenders - super heavy slap on the wrist, let's scare the hell out of this kid program." The last thing the court wants to do is punish a child and his/her bad decision for the rest of their lives (if at possible). 1 felony @ age 16 could change your life forever. But a misdemeanor with a boat load of probation, maybe a little bit of time served and community service is a hassle, but ultimately has little impact on the rest of your life. I would say however, before you case is heard, get your butt into Church, start volunteering all over town, and build up a great character reference from outsiders to help your case. (Learn your lesson or at least give the illusion you did... it helps a lot when your attorney stands in front of the judge and says "Your honor, this event has really changed my client, since the bust he's started volunteering, going to church and really making steps to change his life around.... here are the letters from his pastor, the homeless shelter, etc..." remember, the court sees messed up kids every day. they are looking for patterns of past and future problems. They also do like to give kids 1 chance. Dont be (or give the illusion) of being the rest of the messed up kids they see everyday. Good luck, god bless.