When Your Child Has Been Accused of a Crime
If you have or know a Child who has been charged with a Juvenile crime, you need an Attorney who knows the Juvenile Courts
Call Experienced, Affordable, and Aggresseive Juvenile Crimes Lawyer Schmierlaw for an Initial, No-cost Consultation
If you have a child or know of a child who has been arrested and with a crime, there could be facing severe penalties or, depending on the crime, the child could even be tried as an adult. You need the best legal representation available. That means an experienced and aggressive Juvenile Defense Attorney to fight for the ch ild's rights and record.
If your's or loved one's minor child been arrested and charged with a crime or a Juvenile Petition has been issued, you need the best legal representation available. That means an experienced and aggressive Juvenile Defense Attorney to make sure that child is being property represented.
We have experience in Oakland County, Macomb County, and at the Juvenile Court in the Lincoln Hall of Justice for Wayne County,
No one plans to have to pay for a lawyer, but when there is so much at stake, it probably is the best investment you can make. An experienced attorney understands the juvenile court system and can work to lessen the impact that a lapse of judgment by a "dumb kid" will have on his or her future.
An experienced juvenile attorney will work together with the Juvenile Court System to find solutions that are best suited for the situation.
When a child's future is on the line, you want an Attorney who understands what's at stake and works to find solutions when everything seems impossible. Schmierlaw has experience handling even the toughest juvenile cases. The Juvenile system was designed for rehabilitation not retribution, and an experienced juvenile attorney knows that a troubled child needs special care if their future is to be protected.
A Juvenile Charged with a Crime, Does Not Give Up Their Rights
The Juvenile Justice system is unlike the Criminal Justice System faced by adults who commit crimes. In general, juvenile proceedings are not considered criminal in nature and except for certain exceptions, the goal is rehabilitation, not punishment.
Jurisdiction over a juvenile applies to those under the age of 17 who have broken the law or committed some other offense such as incorrigibility or school truancy. Proceedings must be initiated before the 18th birthday and jurisdiction usually ends when the juvenile turns 18, however, under certain circumstances the court may retain jurisdiction until age 21.
The Petition-Starting a Juvenile Case
Juvenile proceedings are initiated though a petition. Upon its issuance, a Preliminary Hearing must be held within 14 days to determine whether there is Probable Cause to proceed. If the juvenile is detained, it must be held within 24 hours. If probable cause is found, a pretrial date will be scheduled. At the pretrial, the juvenile has the option to (1) plead guilty or no contest; (2) set the matter for trial in front of a referee, a judge, or a jury; or (3) adjourn for further resolution, discovery, or a motion hearing.
What Used to Be the Consent Docket
Depending on the offense, it used to be the court could determine that the best interests of the juvenile and the public would be best served by placing the juvenile on the “Consent Docket”. While the term “Consent Docket” and the its procedures are no longer followed, the consent docket ideals and goals are still followed. Generally what this means and depending on the crime, in exchange for a guilty plea and successful completion of a period of probation that generally includes some sort of counseling and community service, the charge is dismissed.
Other Potential remedies depending on the crime may include:
• Place the juvenile in, or commit him or her to, a private institution or agency.
• Commit the juvenile to a public institution, operated by an agency of the court or county or the court may order the child to become a ward of the State.
• Appoint a guardian for the juvenile.
• Order community service, jail tour, criminal call, letter of apology, anger management, individual counseling, drug court, employment, school attendance, etc.
• Order court costs and restitution to the victim..
• Place the juvenile in a boot camp or similar program depending on the county.
If you are charged with Minor in Possession or MIP, Schmierlaw can help to keep an MIP conviction off your record and protect your future.
If Your Are Charged with MIP
If you have been charged with being a Minor in Possession of Alcohol or MIP and you think it's “no big deal”; don't believe it. Even though a first time charge is now a civil infraction, you should take a Minor in Possession charge seriously. Prosecutors and Judges take an MIP charge very seriously and being convicted of a 2nd MIP can mean having a misdemeanor on your record, having the charge reported to the Secretary of State, and being required to pay expensive fines and court costs. It also could mean, if you are convicted of MIP 2nd, having to say on a job application or application for college that you have a criminal record.
Michigan’s MIP Law
A minor shall not purchase or attempt to purchase, consume, possess or have any bodily alcohol content. A minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions:
For the first violation, plead responsible for a civil infraction, pay $100.00, be ordered to participate in substance abuse prevention services, be ordered to perform community service, and undergo substance abuse screening and assessment at his or her own expense
For a 2nd violation, jail for not more than 30 days if the person did't do what they supposed to do the first time, pay $200.00, and do treatment sessions and community service again. This time it's a misdemeanor.
If you do it a third time, the penalties are increased but, if this is your third time violating this law, it would appear there may be other issues you need to discuss with your attorney.
Certain parts Michigan’s MIP Law has been ruled Unconstitutional
An experienced Attorney can fight to get the charge dismissed. Part of Michigan’s MIP law has been declared unconstitutional. An attorney who understands the law and stays abreast of current court cases, may be able to keep the charge off your record.
You should consult an Attorney who knows the law and can advise you on your best options. Our office will examine the arrest and determine whether there was probable cause to request a PBT and make sure your Constitutional rights were and are protected. In addition, our Office can suggest things you can do to help your case and, if necessary, give the prosecutor reasons to not prosecute to the furthest extent of the law.
If you have been arrested and charged with MIP, Schmierlaw has had success defending against Minor in Possession charges.
Schmierlaw is a Criminal Defense and Drunk Driving/ DUI legal firm providing representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: email@example.com