Do Juveniles Have The Right To An Attorney In Maryland?

Was Your Child Arrested For A Crime?

Juveniles in the United States criminal justice system aren’t afforded the same legal rights as adults. Here’s how they differ and how to get help if your child was arrested for a crime.

Phone Calls

Juveniles do have the right to make one phone call, although if they are likely to be released from custody quickly, the arresting officer may not offer it. Typically, juveniles are allowed to contact their parent or guardian.

Legal Counsel

A juvenile may also contact legal counsel. They do have the right to an attorney and upon asking for one, juveniles invoke their Miranda rights.

Search and Seizure

Law enforcement may not subject juveniles to unreasonable search and seizure. Probable cause is needed to search a minor’s person or belongings. However, if a public official is in a position of partial guardianship over the child, such as a school principal, the only thing necessary to search a juvenile’s belongings or even detain them temporarily is reasonable suspicion.

Notice of Charges

The court must provide juveniles with a notice of the charges they face. Juveniles also have the right to have the accusations against them proven beyond a reasonable doubt when facing the penalties of adjudication or incarceration. Any other penalties only require courts to prove charges by a preponderance of the evidence.

How Can Domestic Violence Be Proven?

Proving The Charges

Domestic violence charges can be life-altering and leave you with a permanent criminal record for the rest of your life. If you’ve been arrested, prosecutors will do their best to prove that you committed the act and penalize you to the fullest extent of the law. Here’s what they may use against you and how you can defend yourself.

Witness Testimony, If Any Witnesses Were Present

It’s not often that witnesses are involved in domestic violence cases, because they typically occur in private and only between two people. In cases where witnesses do bring forward a testimony, the defendant’s case can become weakened. A Criminal Defense Attorney can help question the motives of a witness who may be falsely accusing the defendant or prove that the witness was never present at the time of the alleged incident.

Photographic Evidence Taken After the Incident

If photographs of injuries exist and are provided to authorities, this can be very strong evidence against you. However, it’s important to ask a few questions about the photos:

Can it be proven that they were taken on the date of the alleged incident?
Can the photographs prove that the defendant is indeed the perpetrator, or do they simply show that an incident of violence occurred?

Often, photographs prove that violence occurred but not who caused the injuries, and they may not even be able to show that they were taken at the time in question.

Any Past Criminal History

Past criminal history is something that prosecutors often use in domestic violence cases to paint a very unpleasant picture of the defendant’s character. This can cloud the facts, so it’s critical to bring important details to light when possible. For example, if it was proven that the allegations against you were untrue or the charges against you were dropped, the judge and jury should be made aware of these particulars.

How a Criminal Defense Attorney Can Help

If you were charged with domestic violence, it’s important that you work with an experienced criminal defense attorney to protect your rights under the law. Your future is at stake, including your career, your relationships, and your reputation.

Britt Criminal Defense is an experienced criminal defense law firm that has helped hundreds of Maryland residents overcome criminal charges and the harsh consequences that come with them. Call today for a consultation to go over the details of your case and potential defenses at 443-614-6881.

What Rights Does a Juvenile Have After Getting Arrested?

What You Need To Know About Juvenile Arrest

If your minor child has been arrested for a crime, your life can quickly be turned upside down. It’s important to understand your child’s rights so you can advocate for your child with the help of a criminal defense lawyer and get your child the support they need during this difficult time. Here’s what you should know about juvenile rights after an arrest.

The Right to Remain Silent

When a juvenile is arrested, they have the right to remain silent and plead the 5th Amendment to avoid self-incrimination.

The Right to Confidentiality

Unlike adult charges, juvenile criminal cases are not public information. The name of a juvenile charged with a crime cannot be released to media or other parties unrelated to the case.

The Right to a Phone Call

Juveniles have the right to make a phone call after being arrested. The phone call can be to a parent or guardian, who calls an attorney for the juvenile, or directly to an attorney.

The Right to an Attorney

A juvenile in police custody has the right to request legal counsel and if they cannot provide legal counsel, it will be provided to them by the state. If police deny a juvenile’s request to speak with an attorney or even to their parent or guardian, anything during the interview may be considered inadmissible in court.

The Right to Be Notified of Charges

Juveniles have the right to be notified of the charges against them.

The Right to Beyond a Reasonable Doubt

Like adults, juveniles have the right to have the case against them proven beyond a reasonable doubt.

What Rights Don’t Juveniles Have?

There are some rights that juveniles do not have after an arrest. For example, a juvenile does not have the right to seek bail, nor do they have the right to trial by jury. Juveniles may not need bail if they are released to a parent or guardian before the arraignment, and trials by jury may undermine a juvenile’s right to confidentiality. .

Contact a Maryland Juvenile Criminal Defense Attorney Today

Often, harsh punishment isn’t appropriate for juveniles who commit crimes. In cases where a lack of evidence to prove innocence exists, charges may be reduced or even dropped and penalties exchanged for counseling, community service, and other forms of rehabilitation.

To protect the rights of your child after they are arrested for a crime, don’t wait to contact a lawyer. Britt Criminal Defense is an experienced Maryland law firm ready to serve you. Call now at (443) 614-6881.