Form 179: Defending a Juvenile Delinquency Case

• Library: Criminal Law Forms (ABA) (2013 Ed.)

Form 179: Defending a Juvenile Delinquency Case

DEFENDING A JUVENILE DELINQUENCY CASE

By: Kenneth A. Vercammen

Handling juvenile delinquency cases is becoming a sub-specialty that requires special knowledge of the juvenile justice system. Juvenile cases are difficult to handle for different reasons:

(1) The juveniles often refuse to admit to their attorney any participation in the offense despite clear guilt.

(2) The parents sometimes refuse to acknowledge their child's involvement.

(3) Different rules and court systems are involved.

When the client is first in the office, we have him fill out the Confidential New Criminal Case Interview Sheet. After reviewing the complaint and the interview sheet, I ask a series of questions of the client. We request the client wait until the end of the interview before explaining their side of the story. We also ask them if there is anything else of importance in connection with the case that we should know. The client may have pending serious criminal charges in another state or county. The ABA adopted Rules of Professional Conduct indicate a retainer letter or written statement of fees is required for new clients.

I recommend that my clients provide me with a list of between 10 to 15 reasons why they should not go to jail and why the court should impose the minimum license suspension. This provides us with information for mitigation and penalties and also provides information to be considered by the judge in sentencing.

WHO IS THE CLIENT?

The client must be the juvenile charged. It is not the parent or grandmother who pays the bills. It is important to preserve the confidence of the client. I let the juvenile know that they can call us whenever they want, and we will not tell their parents anything told in confidence.

Discovery in non-motor vehicle cases is requested in writing to the County Prosecutor, not the town Municipal Prosecutor. Motor vehicle charges alone are heard by the Municipal Court Judge and handled by the Municipal Prosecutor.

Trial Call is the next appearance and the defense counsel will receive discovery, if it has not previously been received. Applicable motions should be filed prior to the trial call: Motion to Suppress, Compel Additional Discovery, Dismiss Complaint, etc.

Juveniles have most of the same rights under the Constitution as adults:

- 4th Amendment - No unreasonable searches
- 5th Amendment - Right to Remain Silent
- 6th Amendment - Right to Attorney
- 6th Amendment - Right to Cross

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