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What Do Parents Need to Know About Juvenile Criminal Cases in Missouri? 

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What Do Parents Need to Know About Juvenile Criminal Cases in Missouri? 

What Do Parents Need to Know About Juvenile Criminal Cases in Missouri? 

As a parent, your child’s well-being is your top priority. So, when your child has a run-in with the law, it can be a terrifying and overwhelming experience. You are suddenly thrust into a legal system that is complex and unfamiliar, all while trying to comfort and guide your child. I, Scott A. Hamblin, am a criminal lawyer who understands the anxiety and stress this situation creates. With over two decades of experience, including time as a former assistant prosecuting attorney, I have dedicated my career to navigating these challenging cases. I can walk you through what parents need to know about juvenile criminal cases in Missouri:

  • Juvenile Rights: It’s crucial to understand that children have legal rights, including the right to an attorney and protection against self-incrimination.
  • Parental Involvement: Your role is vital. You’ll need to support your child emotionally and legally while cooperating with authorities.
  • The Juvenile Court Process: The process involves several steps, from detainment and hearings to potential outcomes like probation or diversion programs.
  • Long-Term Consequences: A juvenile record can affect future opportunities. However, Missouri law allows for certain offenses to be expunged.
  • Why You Need an Attorney: An experienced lawyer is essential to advocate for your child’s best interests and secure the most favorable outcome.

What Is Missouri’s Juvenile Justice System?

The juvenile justice system in Missouri is fundamentally different from the adult criminal system. Its primary purpose is not to punish but to provide rehabilitation when possible for children who come under its jurisdiction.

  • Age of Responsibility: In Missouri, a person under the age of 17 is generally considered a juvenile. A bill that took effect in 2021 raised the age of criminal responsibility, meaning most 17-year-olds are now handled within the juvenile system.
  • System’s Purpose: The focus is on rehabilitation and ensuring the child has a chance at a productive, crime-free future. This approach recognizes that young people are still developing and may not fully grasp the consequences of their actions.

What Are My Child’s Due Process Rights?

Recent changes to Missouri’s Juvenile Court procedures have formalized the rights of everyone involved. For your child, these due process rights are critical protections. They include:

  • The right to have legal representation.
  • The right to be properly notified of the charges against them.
  • The right to the discovery of evidence.
  • The requirement of proof beyond a reasonable doubt.
  • The right to have family involved throughout the process, from apprehension to rehabilitation.

As a defense attorney, I ensure these rights are protected at every turn. My experience allows me to hold the system accountable and advocate fiercely for your child.

What Happens After My Child Is Apprehended?

When a child is taken into custody, a specific set of procedures is set in motion. The arresting officer must immediately notify the family court. If the court believes your child is in imminent danger or has suffered serious physical harm, it may issue a temporary protective custody order. Soon after, a preliminary examination is held to decide if there are sufficient reasons to continue holding your child. This leads to a detention hearing where the court determines if placing your child in a juvenile detention facility is appropriate.

What Are My Child’s Rights in Detention?

If your child is placed in a detention facility, they do not lose their fundamental rights. They are entitled to telephone and visitation rights. Crucially, no one is permitted to interrogate or question them without their legal counsel present. My role is to ensure your child’s voice is heard and their rights are respected during this vulnerable time.

Are Juvenile Records Kept Confidential?

To protect your child’s future, juvenile records, including fingerprints and photographs, are generally kept confidential. They are not accessible to the public unless a court orders it, which may happen in cases involving a serious felony or if the child is certified to be tried as an adult.

How an Experienced Attorney Can Help

Navigating the juvenile justice system is not something you should do alone. A single mistake can have lasting consequences on your child’s future. With my substantial trial experience, I am prepared to fight for your child’s rights. I will carefully listen to your family’s concerns, gather the essential facts, and develop a strategy tailored to your unique circumstances. Contact me today for the guidance and support your family deserves.

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