The Role of Parents When a Child Faces Criminal Charges

A parent of a child charged with a criminal offense, you will have questions. No one wants one incident, either falsely accused or otherwise, to define the life of their child or to tear apart their home. Parents often feel helpless and frightened during this time, so know the risks and create an action plan.

Know Your Risks

A parent or legal guardian could face charges in addition to those placed against their child. If the court decides the event took place because of a parental failure to supervise the child, the parent can face fees related to victim restitution and for damages.

Parents may owe the State of Wisconsin child support for a youth found guilty and admitted to a correctional facility or other program and placed under the supervision of the Wisconsin Youth Authority. The support payments vary based on the income of the parents. The judge may also order the parents to cover the attorney fees for their child. 

The parents of repeat offenders could incur another penalty. The judge may order them to take part in a parent training class. To avoid this, parents can offer up their own defense that could include the efforts they made to prevent the crime or that they were the ones that reported the incident. 

Understand the Severity

People may underestimate the severity of the punishment a child can face for a serious criminal charge. The state of Wisconsin transfers the cases of any child 17 or older to adult court. The penalties could include detention in a juvenile correction facility where they can remain until the age of 25 to complete the sentence for their crime.

The belief that the child will not suffer from their record as an adult because they can have their records expunged at 18 is not necessarily true for all juvenile offenders. Wisconsin law does not allow expungement of Class A and B felony convictions, most sex offenses and most offenses that involve child abuse. Traffic-related crimes like DUI are also not set aside.

Remember Their Future

Commit to raising the children throughout this crisis. Charges do not always result in a conviction and even a guilty verdict does not end the opportunity for a successful future. Continue to encourage educational pursuits and have the child attend school every day as they wait for their court hearing.

A criminal conviction may bar them from receiving financial aid for college, but it does not mean they cannot get a higher education. Many schools will accept students with a criminal past if the applicant is honest about the incident and has kept a clean record since the event.

Many legal issues occur because of substance abuse problems, even if the charges are not drug-related. Look into the possibility of drug treatment to improve their future. The court may even offer drug treatment as an alternative to other penalties in some instances.

Know the Laws

Minors have the same legal rights as an adult. They can insist on having an attorney present when speaking to the police. Statements made to police officers before the child hears their Miranda rights are not admissible in court. The police may question a minor without parents present unless the child is in custody, or if the child requests the police contact their parents. 

Connect with a Reputable Criminal Defense Lawyer

One way that parents can take better care of their child's criminal charges is to work with a reputable criminal defense lawyer. A reputable criminal defense lawyer will carefully walk parents through the process of defending their child's charge and seeking effective ways to plead their case.

Your criminal defense attorney will also give you helpful counsel so that you and your child can navigate this complex and often discouraging process with added confidence. A criminal defense lawyer can also help your child properly file the necessary paperwork so that your child can have the best chance at defending their case.

Parents should be sure to carefully check reviews on the law office that they choose to defend their child's criminal charge. A reputable criminal defense lawyer that has experience with juvenile cases will be able to walk parents through the process and provide parents with informative counsel so that their child can enter their court proceedings with added confidence.

A reputable criminal defense lawyer will always have their client's best interest at heart. Parents should be sure to thoroughly go through the case with their lawyer and child so that there is a common goal in mind.

Parents must find a lawyer that understands how to handle juvenile cases. At Cohen Law Offices, we know the concern of parents and the fear children feel when they realize the severity of their situation. We can help your family through this tough time. Contact us to discuss your child's case.