1. If the police contact my child, is that child obligated to speak to the police?

Answer: Unequivocally no. No citizen of the U.S. is ever obligated to speak to the police particularly if they are a target of a criminal investigation. In the case of juveniles, depending upon their age, a parent is usually required as part of any interrogative process. This is the point at which experienced counsel should be contacted before any statements are made to the police.

2. Are the police allowed to publish my child’s name and other personal information if he or she receives a juvenile summons?

Answer: Again the answer is no. Juvenile court records and documents related to court proceedings are confidential and sealed to the general public. The only exception is if the juvenile court matter is of such a serious nature that the case is removed to adult court at which time these protections do not apply.

3.  How old does my child have to be to qualify for juvenile court protection?

Answer: It is important to note that in the State of Connecticut, juvenile court jurisdiction was recently extended to 16 and 17 year-olds. Now when children in this age group are arrested, their cases are initially referred to the juvenile court for prosecution.

4.  If my child is arrested as a juvenile, can he or she still go to jail?

Answer: The answer to this question is yes. In connection with a juvenile arrest for a non-serious matter, the maximum detention or jail a juvenile would face is 18 months. For a so-called serious juvenile offense, the maximum period of incarceration is 4 years. Finally, if the case is of such a serious nature, it is transferred to the adult criminal court, these restrictions do not apply.

5.  If my child goes to the juvenile court and is ultimately adjudicated a delinquent or convicted, will he or she have a permanent record?

Answer: In most cases the answer to this question is no. However, convictions or adjudications of delinquency in the juvenile court for “serious juvenile offenses” can in some cases have implications going forward. This is an important reason for consultation with an experienced juvenile criminal lawyer if your child is required to appear in the juvenile court. While the general rule that juvenile court records are sealed and confidential, there are many exceptions.

6.  Are there implications regarding my child’s school and education if he or she is arrested?

Answer: Yes. Quite frequently school disciplinary action in the form of suspension or expulsion follow from an arrest as a juvenile. The duration and substance of this punishment by the school depends on a number of factors including whether or not the alleged illegal activity occurred on or off school grounds. A juvenile can be arrested for activity either on or off school grounds but the burden of proof for school discipline is different in each scenario. A consultation with experienced counsel in this area is critical as your child does have certain constitutional rights including the right to a hearing before the school board and the superintendent for the municipality in which you reside.

7.  Is it important for a juvenile to have an attorney since in most cases the records of the arrest are sealed?

Answer: Unequivocally yes. There are many exceptions to the rules protecting the disclosure of juvenile records and with the recent changes in jurisdiction of the court to include older children up to the age of 17, the rules are in a constant state of flux in the court. If the case is not handled with the assistance of counsel, it raises a stronger possibility that a permanent record may result or that the child may end up in detention when representation by counsel could preclude this possibility. The cost for such legal services vary based on a number factors including prior history of the child and the severity of the offense, but regardless it is a small investment when the implications of the future of a child are at stake.

8.  What are the most important criteria to consider when engaging a juvenile court lawyer?

Answer: First and foremost is experience in the practice area. Juvenile criminal cases have very unique rules and accordingly attorneys have very unique responsibilities and therefore it is not a matter to be taken lightly or to be handled by an inexperienced attorney. Knowledge of the local courts and court personnel including judges and prosecutors is also critical to a fair and reasonable disposition of a juvenile criminal case. Any time a child is a target of potential criminal investigation, no matter how minor, prompt consultation with an experienced lawyer is critical.