Defending against Juvenile charges

Discover how the Law Offices of Richard C. McConathy defend Juveniles being charged in Dallas County.

Juvenile defense attorney in Dallas, TX

Transcript
The juvenile system is a hybrid system between the criminal code and the family code. Family code takes the lead on this issue. Children, or people under the age of 18, under the law, are considered to be in a kind of a protected status. The courts, in that particular instance, want to make sure what is in the best interest of the community, but also what is in the best interest of the child. Especially if its crimes of violence. They want to make sure that the child has got proper mental treatment. They want to make sure he’s in an environment where he’s going to be monitored and watched because a lot of times kids who are committing these crimes are in home environments where there is no primary caretaker or even any. So, they’re allowed to basically go around unsupervised. A lot of times kids will be then taken, and if there is no proper place to put them, for their safety they’ll be held in detention. Especially if there are crimes of violence. It is best to make a determination through a social study of whether or not that individual child is an unsafe individual, has a mental issue, or has an anger issue. The court will say it is in the best interest of the child because of schooling, food, shelter, and education. However, that’s not always the case. Sometimes prosecution offices across Texas can get a little bit ambitious in their prosecutions. Sometimes you have kids being held in facilities sometimes for ten or twenty days that have never been violent in their life. Parents can find this process extremely frustrating, extremely confusing, extremely frightening. There is your son who is eleven years old. All of the sudden he is being housed in a facility with older kids and you don’t know what is going on in there. It is important to find lawyers who know what is happening with the situation. Myself and several of our other attorneys in this office have had years of experience with juvenile defense in all the counties of north Texas. We need to immediately get down there, get to that detention hearing, convince the court it’s in the best interest to release the child’s custody back to the parents or the guardians. If not, try to get the quickest detention hearing to get the defendant out, and in the process of that, try to find a way to avoid getting them stuck in juvenile detention until their eighteenth birthday. In addition, the last benefit of juvenile defense is if we’re able to negotiate a settlement avoiding juvenile detention, we always have the ability to seal that child’s record so that it doesn’t affect them in their adulthood.

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