Posts Categorized Juvenile

The intersection of Child Protection Cases and Criminal Law

While family law and criminal law are typically separate, there are times when the two intersect. When they intersect, the cases can become rather complex and that means that attorneys are required, but one of those areas of the case may be outside of the focus area. This is why attorneys with focuses in both area will work together to create one linear focus. Nonetheless, the times that criminal law may intersect with family law is when there is a domestic issue, such as child protection. Perhaps the child needs protected due to an alleged domestic violence situation. Because domestic violence is a family matter and a criminal matter, the two areas of the law become twisted together, requiring a different approach from an attorney. When a client tells an attorney that they have been accused with domestic violence resulting in a child protection matter, it is important to find out if the client has been formally charged with a crime. It is possible for clients to not know the status of the charges, but a Minneapolis attorney can search records at the courthouse to find out if there are any charges that have been filed. If an attorney does know, then it is important to be ready to take a stand at any hearings regarding the child protection matter and the criminal charge. The reason why it is important to have family law and criminal law attorneys work closely together is because the criminal charge can have an impact on the family matter. If a client is found guilty of a domestic violence matter resulting in a child protection issue, it will affect custody, visitation, could result in the disproportionate division of assets and spousal and child support. Even being convicted of a simple assault charge without any family violence finding can result in negative consequences. If child protective services or the police have been called, the attorney will most likely subpoena the medical records, DHS records, and police reports so they can be studied. These materials can be helpful as can any 911 records, which can be requested within 30 days of the call. It is important to subpoena or request 911 recordings before they are destroyed. Whether or not any formal child endangerment, child abuse, or domestic violence charges have been filed, it is important to consider the depth of the allegations, their effects on any family legal matters, and the possible criminal consequences. When these allegations are made, an investigation will be done to determine their validity. The child may be interviewed, as well as anyone around the child. The attorney can request a copy of the report and be prepared for the attempt by the prosecution to use the report as evidence in the case. The forensic interviewer who interviewed the child may also be asked to testify. Failure to have the child protection matter and the criminal aspects of the case properly can have severe consequences. Much caution is used when proceeding in these… Read more {+}

Juvenile Felony Criminal Sexual Conduct: The Long-Term Consequences

Many individuals do not believe that a juvenile who engages in felony criminal sexual conduct and is convicted of it will face long-term consequences. They think that the matter will disappear when the child turns 18, but that is not the case. Juvenile sex crimes can result in the minor being charged as an adult and this means serving an adult prison sentence. If your child has been charged with felony criminal sexual conduct in Minnesota, it is imperative to secure the services of an experiencedSt. Paul criminal defense attorney experienced in such matters. An attorney protects the rights of your child and works hard to avoid the potential consequences of the charge. It is not guaranteed that your child’s case will be handled in juvenile court. It is expected, but the judge may rule that the child can stand trial as an adult. According to the Department of Justice: Juveniles account for more than 35.6 percent of those who commit sex offenses against other children. Children who commit sex offenses are more likely than adult offenders to offend at school and in groups and they tend to have more male victims and their victims are younger. The age in which youth sex offenders start to come to the attention of police is around the age of 12 and it plateaus around the age of 14. Offenses are primarily against younger children, but offenses against other teenagers can occur in later adolescence. Female sex offenders make up 7 percent of juvenile offenders. Female offenders are more frequently found among younger youth than older youth. They are more likely to have male victims and typically within their family. These figures are very rough in that jurisdictions vary a lot in how they concentrate on reports of juvenile sex offenders. However, this is research that has gone back 50 years, but the surge in interest did not occur until the 1980s due to the surge in juveniles being entered into sex offender treatment programs. While most juvenile sex offenders are teens, there is a small percentage that is under the age of 12. This group has been the focus of educators, clinicians, and public safety offices because they tend to not be declared delinquent like older offenders. These young people are considered to have sexual behavior issues. Not all of these cases come to the attention of the police because they are usually handled in other ways. But when criminal charges are brought, it is important that the child is defended. The reason is because not all children who offend become adult offenders, so their future depends on whether or not they are tried as a child and determining if the charge does have merit. False accusations do happen among the juvenile population as well. There is also the fact that young children abusing other children may be an indication that the child offender is being abused by someone older than them or they had been abused in the past. That is… Read more {+}