How to Know What to Expect If Your Child Is Arrested

If your child has been arrested, it means law enforcement officials suspect he or she has broken the law. Know that your child isn't alone. Each year, thousands of juveniles are arrested for offenses ranging from those as minor as shoplifting to those as major as murder.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Computer with Internet access

1. Expect your child's detention after an arrest to last no more than six hours. Federal regulations require the detention period last no longer than this. Further, the detention may not take place within sight or sound of adult inmates.
2. Obtain an overview of the juvenile justice system. The FindLaw Web site has information on how the juvenile justice system in the United States normally works (see Resources below).
3. Expect your child's previous record to be taken into consideration when the decision is made whether or not charge him or her with a crime. A child with no prior record of offenses is less likely to be sent to juvenile or criminal court.
4. Understand your child's case may be tried in juvenile court. If this happens, your child won't be subject to conviction and jail time if found guilty. Rather, he or she will be placed under probation -- that is, allowed to remain in the community under the supervision of a probation officer.
5. Be aware that if the crime is serious, your child may be tried in criminal court. If this happens, your child could be tried and sentenced as an adult if found guilty.
6. Seek the help of an attorney with experience handling juvenile delinquency cases. Your child is legally entitled to a court-appointed attorney, free of charge. Alternatively, you may choose to pay for a private attorney.
7. Get help through an organization such as the American Civil Liberties Union (see Resources below).
8. Know there's a chance your child's case may be diverted out of the justice system. After the arrest, law enforcement officials decide whether to pursue legal action or resolve the case outside the justice system. This decision is made after speaking with the victim, the accused and the parents. In 2003, 20 percent of all juvenile arrests were diverted out of the justice system.

Tips & Warnings

• Know your child's legal rights. Everyone taken into police custody must be informed of his or her Fifth Amendment rights -- those to remain silent and to seek the services of an attorney. If your child isn't informed of these rights, statements and confessions made are not legally binding and cannot be used in his or her case.
• If your child is detained subsequent to his or her arrest, know that federal regulations require this detention last no more than six hours. Furthermore, it may not to take place within sight or sound of adult inmates.
• Know what to expect financially. Expect legal bills if your child is arrested, should you choose to hire a private attorney.