Are you or a child facing criminal charges as a juvenile in Birmingham, AL? It’s critical to retain experienced legal representation as quickly as possible. An experienced Birmingham juvenile crimes lawyer at Jaffe, Hanle, Whisonant & Knight, P.C. can start working to secure the best possible outcome immediately, contact us today at (205) 930-9800.
Our Birmingham juvenile crimes attorneys have over 100 years of experience in criminal law. Contact our law offices in Birmingham, Alabama, for help building the strong defense your child deserves.
How Jaffe, Hanle, Whisonant & Knight, P.C. Can Help if My Child is Facing Criminal Charges in Birmingham
It’s important to hire an experienced Birmingham criminal defense attorney if your child has been accused of a crime in Birmingham, AL. Juveniles have the right to an attorney. Having an experienced Birmingham juvenile crimes attorney by your side from the start can be incredibly important.
Your attorney can stand by your child’s side during questioning to protect them. They can also start working immediately to have any charges downgraded or dismissed entirely.
When you hire Jaffe, Hanle, Whisonant & Knight, P.C., you’ll have an attorney who will:
- Ensure your child’s rights are protected at every stage
- Clarify the juvenile justice process so you know what to expect
- Being advocating immediately for alternatives to conviction
- Locate exculpatory evidence and build your defense
- Negotiate with prosecutors prior to adjudication to secure a favorable result
- Advocate fiercely for your child at all hearings
It can be tempting to use a family lawyer instead of hiring a defense attorney. That’s almost always a mistake. You need an attorney with experience building strong criminal defense strategies. To learn more about how our Birmingham criminal defense lawyers can help your family, call us for a free consultation today.
Basic Overview of the Juvenile Justice System in Alabama
When someone under 18 is alleged to have committed a delinquent act, juvenile courts in Alabama typically have jurisdiction.
Here is a simplified explanation of what you should expect of the process:
Initial Intake Process
A juvenile intake officer will review the evidence and determine how to proceed. For example, the officer may determine that the case can be resolved without the courts or recommend court intervention.
Typically, your child will be released even if they are formally charged with a crime. However, there are cases where the alleged act is serious enough to result in detention.
That’s usually only the case if the juvenile:
- Is deemed to be dangerous to others or themselves
- Is a flight risk
- Lacks proper adult supervision at home
- Has prior convictions, or the offense is a probation violation
If your child was detained, a hearing must be held within 72 hours. The judge will consider the severity of the underlying offense, the juvenile’s prior criminal record, and other relevant factors.
It may be possible for your child to leave with a warning or other minor penalty. In juvenile cases, it may also be possible to negotiate with the officer to resolve the issue without the need for formal adjudication. Again, the circumstances will be highly relevant.
In any case, it’s always important to have an experienced attorney in your corner. Our team at Jaffe, Hanle, Whisonant & Knight, P.C. will start to build the effective legal defense you deserve immediately. Regardless of the charges, contact us today so that we can start working to secure the best outcome possible.
Adjudicatory Hearing and Disposition
Similar to an adult criminal case, an adjudicatory hearing will be held. During the adjudicatory hearing, the court will explain the substance of the charges, the nature of the allegations, and the juvenile’s rights. Your child has the right to admit or deny the allegations.
Denying the allegations means the case will proceed. Rather than “prosecute” your child, the process is referred to as adjudication in juvenile cases. Each side will prepare and present evidence to support their case. Your child will be found “not delinquent” or “delinquent” rather than not guilty or guilty.
If your child is found delinquent, a disposition hearing will be held to determine punishments.
Can My Child Face Charges in Adult Criminal Court?
Children under age 14 can never be transferred to adult court in Alabama.
However, depending on the circumstances, it’s possible that your child could face charges as an adult. Adult treatment is generally reserved for the most severe criminal offenses. It may also be the result if your child has a prior criminal history and the court finds the child cannot be rehabilitated within the juvenile system.
When adult charges are possible, a hearing will be conducted to determine whether transfer to adult court is warranted.
Factors that will be evaluated include:
- The nature of the offense
- The child’s prior delinquency record
- Past treatment efforts and the child’s response
- The child’s demeanor
- The child’s physical and mental maturity
- The interests of the community
If the juvenile courts are proposing to charge your child as an adult, contact our lawyers in Birmingham immediately.
We Handle All Types of Juvenile Criminal Cases in Birmingham
Our team at Jaffe, Hanle, Whisonant & Knight, P.C. handles all types of juvenile cases in Birmingham.
Some of the most common types of cases we see include:
- Assault
- Marijuana possession
- Drug possession and other drug crimes
- “Status offenses,” such as underage drinking or truancy
- Driving under the influence of alcohol and other vehicular offenses
- Trespassing
- Shoplifting, burglary, and theft crimes
- Weapons charges
- Sexual assault and other serious violent crimes
- Computer and internet crimes
- Identity theft
- Sexting
- Harassment
- Vandalism and other property crimes
As in adult cases, the charges can be felonies or misdemeanors. It’s always important to take the charges seriously, regardless of the severity of the underlying offense.
Our Birmingham juvenile crimes attorneys can help you get your son or daughter back on the right track. We understand the criminal justice system inside and out–and we know how to build the strong defense you deserve. If your child has already been found delinquent, our attorneys can work to have their records sealed or secure an expungement.
What Are Some Potential Consequences If My Child Was Adjudicated Delinquent in Alabama?
Juvenile court judges in Alabama have significant discretion when assigning penalties if your child was adjudicated delinquent. The penalties will depend heavily on the severity of the crime and the circumstances.
Many different factors can impact the types of penalties your child is likely to face, including:
- The nature of the underlying offense
- The presence of aggravating or mitigating factors
- Whether they have any prior offenses
- Prior treatment attempts, including mental health counseling, education plans, and individualized plans
- The child’s age
- The child’s support system at home
- Any other relevant factors
The juvenile justice system is supposed to focus on rehabilitation. As a result, detention with the Department of Youth Services is not always required. Our attorneys will always work toward avoiding detention whenever possible.
If your child is found delinquent, some of the potential consequences include:
- Probation
- Community service
- Avoiding any future criminal activity
- Random drug screening and alcohol testing
- Payment of financial penalties
- Making restitution to the victim
- Placement in a juvenile detention facility
- Transfer to foster care
- Mental health treatment and counseling
- Monitoring
Even when detention in a facility isn’t on the table, a juvenile conviction can have a significant impact on your child’s future. A criminal record can make it more difficult for your child to get into college or pursue career opportunities.
The punishment your child receives can be custom-tailored to their situation. That means no punishment is automatic. Even before punishments are assigned, our attorneys will do everything possible to convince the judge that the circumstances do not warrant detention.
What Defenses Can Be Raised if I’m Facing Criminal Charges as a Juvenile in Alabama?
Defenses that are relevant in adult cases also tend to be relevant in criminal cases involving juveniles. Juveniles have most of the same rights that are granted to adults. That includes the right to effective legal representation at all stages. Juveniles also have the same due process and constitutional rights as adults.
Possible defense strategies include:
- Mistaken identity
- Alibi defenses
- Evidentiary challenges, including chain of custody issues
- Challenges to witness credibility
- Lack of evidence to establish intent or state of mind, depending on the charge
- Illegal searches and seizures
- Lack of probable cause to make a traffic stop
- Entrapment
- Police bias and discrimination
The state must prove their case beyond a reasonable doubt. If they don’t have sufficient evidence to prove their case, we can work to have it thrown out.
Contact an Experienced Birmingham Juvenile Crimes Lawyer for a Free Consultation Today
Your child deserves to enter adulthood in Birmingham, AL, with a clean record. At Jaffe, Hanle, Whisonant & Knight, P.C., our Birmingham juvenile crimes lawyer will do everything possible to protect your child’s future. If you have questions about how to protect your child’s legal rights, contact our law firm today to arrange a free consultation.
Visit Our Criminal Defense Law Office in Birmingham, AL
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S Suite 100, Birmingham, AL 35205
(205) 930-9800
