Which of the Following Is Not the Role of a Juvenile Defense Attorney?
In law, the defense attorney is everything, especially in juvenile cases. The legal system recognizes the developmental stage of minors and has created a separate system for handling crimes committed by them.
Within that system, the juvenile defense attorney is the shield and advocate for young people going through the juvenile legal process. Understanding what that means and doesn’t mean is key to understanding the juvenile justice system.
Before we review the activities a juvenile attorney does not assume, it’s essential to look at what they do first.
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What a Juvenile Defense Attorney Does
A juvenile defense attorney is more than just a lawyer. They are protectors, advisors, and guides for young people facing legal problems. Their job goes beyond the courtroom and includes many tasks and duties.
Representation
The most essential job of a juvenile defense attorney is representing their clients. That means understanding the charges against the juvenile, investigating the facts of the case, and developing a legal strategy to defend the client. They must also protect the juvenile’s rights throughout the legal process, from the initial contact with law enforcement to the case’s final disposition.
After an arrest, the juvenile offender often attends a detention hearing. The judge holds this hearing to review a Probable Cause Affidavit—a written statement of the arresting officer that covers how the juvenile allegedly broke the law. After the hearing, the offender may be placed on home detention (also called house arrest) or be securely detailed.
Advocacy
Advocacy is at the core of a juvenile defense attorney’s job. They are their client’s voice, ensuring their perspective is heard and considered by the court. That means presenting evidence, cross-examining witnesses, and making legal arguments on behalf of the juvenile. They also must advocate for the juvenile’s best interests, considering their age, maturity, and individual circumstances.
Advising and Counseling
Juveniles lack the maturity and understanding to get through the legal system independently. A juvenile defense attorney advises and counsels their clients, explaining the legal process, the consequences of their actions, and their rights under the law. They must also help the juvenile understand the importance of making informed decisions and taking responsibility for their actions.
Protecting Rights
Juveniles have unique rights in the legal system that require special protection. A juvenile defense attorney must protect those rights at every stage of the legal process. Legal privileges mean the right to remain silent, the right to an attorney, the right to due process, and the right to protection from unreasonable searches and seizures. Lawyers must be keenly aware of and challenge any violations of those rights.
Negotiating and Plea Bargaining
A juvenile defense attorney often negotiates with the prosecution to get a plea deal. That can mean reducing charges, recommending alternative sentencing options, or negotiating other favorable terms for a client. Attorneys must carefully evaluate any plea offer and advise their clients whether accepting it is in their best interest.
Preparing for Trial
If a case goes to trial, a juvenile defense attorney must be well prepared. That means gathering evidence, interviewing witnesses, developing a trial strategy, and preparing legal arguments. They must be ready to present a strong defense for their client and challenge the prosecution’s case.
What a Juvenile Defense Attorney Does Not Do
While juvenile lawyers’ jobs involve major responsibilities, there are also things they don’t do. Understanding these limitations is essential to comprehending the juvenile defense attorney’s role clearly.
They Do Not Judge Guilt or Innocence
A juvenile defense attorney’s job is not to presume innocence or guilt. Their primary job is to represent their client and protect their rights. Regardless of their personal view of the case, they must defend their client to the best of their ability.
They Do Not Encourage Dishonesty
While juvenile defense attorneys advocate for their clients, they will not encourage dishonesty or perjury. They must advise their client to be truthful and forthcoming with information while protecting them from self-incrimination.
They Do Not Make Decisions for the Client
Ultimately, deciding how to proceed with a case is up to the client, not the attorney. A juvenile defense attorney can advise and recommend but cannot make decisions for their client. They must respect their client’s wishes even if they disagree with them.
They Do Not Guarantee a Specific Outcome
No attorney can guarantee a specific outcome in a legal case. A juvenile defense attorney will work hard to get the best possible result for their client, but they can’t control the court or the prosecution. They must be realistic about the outcomes and manage their client’s expectations accordingly.
Juvenile vs. Adult Defenses
Juvenile defenses are different from adult defenses in several ways. These differences come from recognizing that juveniles are not fully developed adults and should be treated differently in the legal system.
Rehabilitation
One of the main differences is the focus on rehabilitation in juvenile cases. While adult courts often focus on punishment, juvenile courts focus on helping young offenders learn from their mistakes and become productive members of society. This focus on rehabilitation affects the strategies and arguments used by juvenile defense attorneys.
Confidentiality and Privacy
Juvenile court proceedings are confidential and private, unlike adult court proceedings, which are often open to the public. This confidentiality protects the juvenile’s privacy and prevents them from being stigmatized by past offenses. Juvenile defense attorneys must know these confidentiality rules and protect their client’s privacy.
Different Sentencing Options
Juvenile courts have different sentencing options than adult courts. These options may include probation, community service, counseling, and placement in a juvenile detention facility. Juvenile defense attorneys must know these options and advocate for their clients’ best disposition.
Why a Juvenile Defense Matters
An attorney representing a juvenile works to ensure that a young person who enters the legal system receives fair and just treatment. Competent legal representation can make a big difference in the outcome of a juvenile case and the long-term future of the young person involved.
Protecting Vulnerable Clients
Juveniles are vulnerable in the legal system. They may not have the understanding or maturity to assert their rights effectively. Again, a competent juvenile attorney can protect those rights and treat the juvenile with dignity and respect.
Fair Treatment
A juvenile attorney can ensure the juvenile gets fair treatment throughout the process. This means challenging any violations of their rights, presenting a strong defense, and advocating for a just outcome.
Rehabilitation
An attorney can help young offenders turn their lives around and avoid future involvement in the system. They do this by advocating for appropriate sentencing options and supporting the juvenile’s rehabilitation.
Minimizing Long Term Consequences
A juvenile record can have long-term consequences, impacting a young person’s education, employment, and future opportunities. A juvenile attorney can minimize those consequences by seeking alternative sentencing options, expungement of records, and other similar measures.
Consult with a Juvenile Defense Lawyer If Your Teen is Facing Juvenile Charges
Contact a juvenile defense lawyer immediately if authorities convict your teen of a crime. Ensure their rights are protected, and they move forward more positively. Contact a Miami, FL criminal lawyer today.
