Juvenile Defense

Juvenile Defense: Protecting Our Kids’ Futures

Representing juveniles accused of crimes requires specialized knowledge and skills. As a juvenile defender, your role is to advocate zealously for your young client while also recognizing their unique developmental needs. This article provides an overview of juvenile defense and tips for providing effective representation.

Understanding Your Juvenile Client

First and foremost, take time to build rapport and trust with your client. Many kids involved in the system come from difficult backgrounds and may be hesitant to open up to yet another adult who passes through thier life. Be patient and let them know your there to help.

Treat every child with dignity and respect. Don’t pre-judge them based on their attitude, charges, or background. Take time to get to know them as an individual. Learn about their interests, strengths, and goals.

Be mindful of adolescent development. Science shows that teenage brains are still developing impulse control, judgement, and decision-making skills[1]. Take time to explain the proceedings in an age-appropriate way. Break down complex concepts using everyday language. Make sure they understand their rights and the implications of different choices.

Involve parents/guardians as appropriate, but make sure your client knows attorney-client privilege applies and you won’t share confidential information without their consent. Respect their autonomy but also provide guidance and advice.

Zealous Advocacy at All Stages

Your duty is to advocate for your client’s expressed interests at every stage of the process. This includes:

Intake and Detention

• Be present for questioning. Don’t let police take advantage of kids who may not understand their rights.
• Advocate for pre-trial release whenever possible. Detention should be a last resort.
• If detained, fight for appropriate services and safe conditions. Facilities often lack education, recreation, and mental health care.

Pre-Trial

• Investigate the charges and build your theory of defense. Locate witnesses, visit the scene, etc.
• File motions to suppress illegally obtained evidence. Kids don’t always understand consent.
• Advocate for diversion programs whenever appropriate. This avoids formal court proceedings.
• Negotiate with the prosecutor for dismissal or reduction of charges if possible.

Adjudication

• Mount an aggressive defense at trial. Hold the State to their burden of proof.
• Educate the judge on adolescent development and individualized mitigating factors.
• Object to introduction of prejudicial evidence and improper examination of witnesses.

Disposition

• Present a disposition plan addressing your client’s needs, involving family/community supports.
• Advocate for the least restrictive placement necessary to rehabilitate your client.
• Educate the court on available community-based programs and services. Incarceration should be a last resort!

Post-Disposition

• Don’t end your advocacy after disposition! Monitor your client’s treatment, placement, and overall wellbeing.
• Address any violations of probation in a constructive manner. Often technical violations represent systemic failures.
• Expunge records whenever possible. A juvenile record can have lifelong consequences for education, employment, housing, etc.

Challenging Systemic Failures

Your duty extends beyond individual cases. When you notice patterns of systemic deficiencies, speak up!

• File motions challenging illegal detention centers, abusive guards, lack of education services, etc.
• Educate judges on adolescent development; advocate for rehabilitation over incarceration.
• Lobby legislators for juvenile justice reforms and increased funding for youth programs.
• Participate in reform committees and workgroups. Offer insights from the defense perspective.
• Mentor new juvenile defenders. Share your knowledge and elevate the field.

An Honorable Calling

Juvenile defense is challenging but rewarding work. You have the power to alter a child’s trajectory and preserve their future potential. With dedication and zealous advocacy, you can change lives and create a more just system for our kids.