JUVENILE DEFENSE
What Happens When Your Child Gets Arrested in Bucks County?
Getting a knock on the door or a phone call from police telling you your child has been arrested can be a frightening and stressful experience for any parent. You’ll have many questions. Where is my child? What did my child do? Can I pick up my child and bring them home? What do I do? What happens next?
If your child gets arrested in Bucks County, it is critical that you consult with an aggressive juvenile defense attorney immediately. Know that the police will question your child shortly after arrest and you and your child’s attorney should be present.
Keith J. Williams will protect your child’s rights and fight to minimize penalties and consequences as much as possible. Most of all, Keith J. Williams has significant experience defending underage clients facing a wide variety of charges and as a result, has in-depth knowledge of the unique and complex Bucks County juvenile justice system.
What to Expect if Your Child Gets Arrested in Bucks County, PA
If your child is arrested on suspicion of a crime, as the child’s parent or guardian, the police must first notify you. Then, depending upon a variety of factors such as the needs of your child, the seriousness of the offense, the risk to the safety of your child or others, and whether this is your child’s first arrest, one of two things could happen. Your child could be released to your custody and return home OR your child could be taken to a secure juvenile detention center to await a detention hearing.
Should your child be released to your custody and allowed to return home, you will soon receive paperwork in the mail, a Juvenile Petition, containing your child’s charges. Shortly thereafter, you will be contacted by a juvenile probation officer to set up an Intake Interview.
What happens at an Intake Interview?
The purpose of the intake interview is for the probation officer to formally assess your child’s case and to develop a plan to be used by both the court and juvenile probation personnel as the case moves through the system.
During this interview, the juvenile probation officer will ask a series of questions about your child such as his or her living situation, family members, school, activities, and more. In addition, the probation officer will request records and information from your child’s school as well as any other agencies or services your child has been involved with.
Know that you and your child do not have to discuss the particulars of the case with the probation officer — and you should never talk about your case to anyone without a juvenile defense lawyer present.
Does my child need a lawyer at the Intake Interview?
At the intake interview, it is extremely important to have an experienced juvenile defense attorney by your side. As your child’s attorney, Keith J. Williams will aggressively protect your child’s rights and fight to minimize any penalties and consequences as much as possible. In addition, it is at this stage when your attorney can begin negotiations with your child’s juvenile probation officer. Possibilities include a case dismissal, an Informal Adjustment, or a Consent Decree. And if your child is facing Adjudication, a possibility could be an agreement for an early Expungement.
In Bucks County, if the police decide to detain your child, he or she will be transported to The Bucks County Youth Center (BCYC), a secure, temporary holding facility (detention center) for alleged and adjudicated delinquent juveniles.
If detained, your child must be taken to a judge for a Detention Hearing as soon as possible and within 72 hours. In Bucks County, these hearings are normally held on Tuesdays and Fridays. If your child is sent to the BCYC, he or she will remain under their care, custody, and control until a disposition has been finalized by the Juvenile Court.
What happens at a Detention Hearing?
The purpose of the Detention Hearing is to determine whether or not a juvenile should remain in the secure detention center. At this hearing, the judge will determine whether or not it is reasonable to believe the juvenile committed the crime they are accused of, as well as if they are a risk to themselves or the community. If so, the judge may order the juvenile to return to the detention center.
If a less restrictive option is available—such as electronic monitoring—then the judge may not order return to detention.
In addition, if there is probable cause to believe the juvenile will run away or be removed from the jurisdiction, or if there is no parent or guardian to care for or supervise the juvenile, the judge will order the juvenile to return to the detention center.
Does my child need an attorney at a Detention Hearing?
Yes! Juveniles that are sent to detention are more likely to remain in detention at disposition rather than those released to their parents or guardians. It is vital that your child has an experienced juvenile defense attorney by their side at their Detention Hearing to contest the detention and possibly recommend less restrictive alternatives for your child.
THE PENNSYLVANIA JUVENILE JUSTICE SYSTEM:
Focused on Rehabilitation, Not Punishment
It’s important to know that unlike the adult criminal justice system, the juvenile justice system in Pennsylvania is based on the principles of Balanced and Restorative Justice. This philosophy centers around on helping children learn from their mistakes and make positive changes that will help them become responsible and productive citizens, as well as to support the victims of crime.
The goals of the Juvenile Justice System focus on:
About the Juvenile Justice System in Bucks County, PA
Know that the juvenile justice system is much different from the criminal system for adults:
ALTERNATIVE RESOLUTIONS
What is an Informal Adjustment?
If your child has never been in trouble before and this is their first offense, they may be eligible for an Informal Adjustment. Before a petition (formal list of charges) is ever filed with the court, the juvenile probation department may decide to offer counsel and advice to your child.
With an Informal Adjustment, your child agrees to an informal probation period with certain conditions to be met such as counseling, community service, or other rehabilitative measures. Your child will never have to go to court and stand in front of a judge and would not be found delinquent or asked to admit guilt.
In Bucks County, once your child successfully completes the Informal Adjustment, the case will be dismissed and automatically expunged. If your child does not successfully complete the informal adjustment, formal charges will be filed.
Could your child be eligible for an Informal Adjustment or a Consent Decree? Call 215-340-1134.
What is a Consent Decree?
Another possible first-time offender program is the Consent Decree, which is a more formal process than an Informal Adjustment. For your child to be eligible for a Consent Decree, charges against them would have already been filed. Your child must appear before a judge where the district attorney formally makes a recommendation for your child’s placement into a Consent Decree.
Upon agreement of the district attorney and your child, court proceedings will be suspended, and like an Informal Adjustment, your child must agree to an informal probation period with certain conditions to be met such as counseling, community service, or other rehabilitative measures.
A Consent Decree remains in force for no more than six months, unless extended by the court for an additional six months. In Bucks County, if successfully completed, the charges are dismissed and automatically expunged. If the conditions of the Consent Decree not met, the petition may be reinstated and your child will be held accountable, as if the Consent Decree had never been entered.
FORMAL PROCESSING
Formal processing means that a petition (formal list of charges) is filed with the Court. If charges are filed, your child may be required to appear before the Judge or Master, at each step of the process.
What is a Non Adversary Hearing?
A Non Adversary Hearing is a proceeding where the juvenile does not contest the charges filed against them. With their lawyer beside them, the juvenile has the chance to explain why they did what they did. Because they have admitted guilt, they would then face a Disposition Hearing which is equivalent of sentencing in adult court and be adjudicated delinquent.
What is an Adjudication Hearing?
Similar to an adult trial, an Adjudication Hearing is a hearing in Juvenile Court that is held to determine the guilt or innocence of the juvenile. During this hearing, the juvenile has the chance to admit or deny the charges against them.
If the charges are denied, the district attorney will present their case to prove that the juvenile committed the offense they’ve been charged with. After the hearing, the judge can either dismiss the charges or enter a finding of delinquency and adjudicate the juvenile. The case then proceeds to a Disposition Hearing that can be held immediately or at a later date.
What is a Disposition Hearing?
A Disposition Hearing for a juvenile, similar to that of sentencing for adults, occurs after a juvenile has been found delinquent. The focus of this hearing is to determine what services the juvenile needs, be it treatment, rehabilitation, and/or supervision.
During the Disposition Hearing, the juvenile’s probation officer will present a report and make a recommendation to the court for disposition (what should happen to the juvenile). Possibilities include probation, house arrest with conditions, placement in a facility, substance abuse or mental health treatment, counseling, and community service, as well as payment of restitution, fines, and court costs.
At this time, the child has been adjudicated delinquent, has a juvenile record, and can remain under juvenile court supervision until the age of 21.
It is important to note that the length of the juvenile’s supervision entirely depends on how the juvenile is doing while under supervision. To determine this, the juvenile court schedules review hearings at least every six months to be sure the juvenile is receiving all necessary treatment and services and that all terms and conditions of probation are being met.
Juvenile Defense Attorney in Bucks County, PA
Whether it be a summary offense, misdemeanor, or felony, if your child is accused of a crime, you need an experienced juvenile defense attorney who will work aggressively to defend the charges.
Experienced juvenile defense attorney, Keith J. Williams understands that children and teenagers sometimes use bad judgment and make mistakes. That does not mean they should have to live with the consequences of a youthful mistake forever.
As a father himself, Keith J. Williams understands your number one concern is for the welfare, safety, and happiness of your child. He will help you understand all legal options, represent your child at hearings, and work to minimize the immediate and long-term impact on your child. Furthermore, he will treat your child with respect and compassion and ensure your child’s rights are upheld from the beginning to end.
To schedule a FREE Confidential Consultation, call us today: 215-340-1134.
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