Juvenile’s
rights issues arise in many contexts, from their right to
representation in abuse and neglect cases to their rights when charged
with violating the law. This can vary from advocating the best
interests of the child by arguing for removal from the home to
safeguard the child from harmful circumstances, or arguing for
remaining in the home for rehabilitative purposes rather than removal
for purposes of punishment. Children’s rights encompass as broad a
spectrum as those of adults, but are more complicated because children
are less able than adults to advocate their own interests.
Delinquency
proceedings comprise cases in which juveniles are charged with
committing an act that would be a crime if committed by an adult.
Juvenile law has received considerable attention in recent years.
Following several landmark United States Supreme Court decisions, many
changes were made in the juvenile court system. As a result, children
are now afforded greater due process protections, which include many of
the same rights granted to adult offenders in the criminal court
system, such as the right to notice and hearing, confront witnesses,
free from self-incrimination, and to have an attorney. The juvenile
court system differs from the adult system in one critical respect in
that the focus of juvenile court is rehabilitation, whereas in adult
court there is greater emphasis on punishment.
Juvenile
courts are very different from adult courts. When a juvenile commits a
crime, he or she is alleged to be "delinquent" and the juvenile court
gets involved to intervene and correct the delinquency. In a Juvenile
Court case, you need an Ohio Juvenile Defense Attorney.
Depending on the severity of the crime, the juvenile may be placed in
juvenile detention. Even truancy, or repeated absence from school, is a
juvenile crime that carries consequences. Often, however, juvenile
crimes arise as a result of challenges at school. If we are retained as
your Ohio Juvenile Defense Lawyer, we will fight to
obtain special services for our student-client so he/she can succeed in
school and positively affect the juvenile court case. We begin by
using the term "youthful offender" as opposed to juvenile delinquent.
We use a private investigator to assist in developing the defense case.
Additonally, we use a forensic psychologist as well as a
neuropsychologist as expert witnesses. These are important tools we
employ as your Ohio Juvenile Defense Attorney.
Juvenile
courts have separate rules and procedures from adult criminal courts.
For example, juveniles are not entitled to a jury trial, but rather are
tried before a judge. If a juvenile commits a more violent crime such
as murder, the prosecutor may seek to have the juvenile tried as an
adult. Because of the special rules and circumstances surrounding
juvenile crimes, it is important to obtain private legal counsel.At Behnke, Martin & Schulte, LLC , our focus is on the "rehabilitation" and not punishment of our client.
We
can help protect your child's rights to get the best legal result
possible. If your child is arrested or investigated for a
juvenile crime, contact us as so that we can help.
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