What Should I Do If My Child Is Arrested?

It’s every parent’s worst nightmare – a call saying your child has been arrested. You’re shocked, scared, and unsure what to do next. How you react in these critical first hours and days can make a huge difference in the outcome of your child’s case.

As juvenile defense lawyers, we’ve helped countless families navigate the confusing and stressful juvenile court process. In this post, we’ll share the essential steps to take if your child is arrested and how an experienced juvenile defense attorney can help protect your child’s rights and future.

1. Stay Calm and Avoid Confrontation With Police

When you first learn of your child’s arrest, it’s natural to feel a flood of emotions – fear, anger, confusion, disappointment. But losing your cool will only make the situation worse.

Avoid rushing to the scene of the arrest or confronting police officers. Showing up angry and demanding answers is more likely to get you arrested, too, than helping your child. Let the dust settle, and plan your next steps rationally.

2. Contact a Juvenile Defense Lawyer Immediately

This is the single most important thing you can do after your child’s arrest. Juvenile court is a unique legal world with its own rules and procedures. You need an experienced juvenile defense attorney on your side from the start.

Look for a lawyer who focuses their practice on juvenile defense. They’ll know the ins and outs of the system, the key players, and how to build the strongest case for your child.

Investing in a skilled juvenile defender can make the difference between your child coming home or being locked up, between sealing their record or struggling with a permanent criminal history. It’s not the time to scrape by with a cheap, overloaded attorney who dabbles in juvie cases.

3. Insist on Having Your Child’s Lawyer Present for Police Questioning

The police may try to question or interrogate your child without a lawyer. Do not allow this. Your child has the right to have an attorney present for any police questioning, just like an adult would.

Politely but firmly inform the police that your child is asserting their right to counsel and will not answer questions or give a statement without their lawyer there. It doesn’t matter if your child is “guilty” or “innocent” – refusing to be questioned alone is about protecting their legal rights.

Many juveniles get pressured into falsely confessing or incriminating themselves because they’re scared, confused, or think they have to answer police questions. Don’t let this happen to your child.

4. Don’t Let Your Child Talk About the Incident With Anyone But Their Lawyer

Once your child is released from police custody – even if it’s to a juvenile detention center rather than home – reiterate that they shouldn’t talk about their case with anyone except their defense lawyer. That includes friends, cellmates, counselors, teachers, and even you.

The prosecution will jump on any inconsistencies or new information that comes out of your child casually talking about the incident. A detail shared in confidence can end up twisted into evidence against them.

Only the private conversations between your child and their lawyer are protected by attorney-client privilege. Let the lawyer be the gatekeeper for your child’s story and defense.

5. Provide the Lawyer With Helpful Background Information and Records

While your child shouldn’t discuss the specifics of the incident with you, there’s still plenty of key information you can gather to help their lawyer prepare the best defense. This includes:

• School records showing grades, attendance, special needs, etc.
• Medical and mental health records
• Individualized Education Plan (IEP) or 504 Plan
• Extracurricular activities and community/volunteer involvement
• Statements from teachers, counselors, coaches, etc. about your child’s character
• Contact info for potential witnesses

Juvenile court judges want to see the whole child, not just the alleged offense. Providing your child’s attorney with records and details demonstrating their positive qualities, talents, challenges, and support system is crucial.

6. Attend All Court Dates With Your Child and Follow the Lawyer’s Lead

The juvenile court process can drag out over many months and multiple hearings. It’s vital that you attend every court date with your child and follow the lawyer’s guidance.

Show the court that your child has a strong, stable support system invested in helping them succeed. Dress appropriately, be respectful to the judge and staff, and don’t lash out – no matter how unfair or frustrating things seem.

Let your juvenile defense lawyer do the talking in court. Avoid coaching your child on what to say or disputing the lawyer’s professional advice. You hired them for their expertise and advocacy skills. Follow their lead.

7. Explore Rehabilitation and Diversion Options

In many juvenile cases, the best outcomes focus on rehabilitation and treatment rather than pure punishment. Work with your juvenile defense lawyer to explore programs and alternatives that could help your child get back on track while avoiding a permanent record:

• Drug and alcohol counseling
• Mental health services
• Community service
• Victim restitution and mediation
• Extracurricular activities
• Mentoring programs
• Tutoring and educational support
• Anger management and conflict resolution training

If your child is struggling with behavioral, psychological or learning challenges, now is the time to get them help. Showing the court that your child is taking responsibility and proactively addressing root issues can lead to much more lenient and beneficial resolutions.

Get a Juvenile Defense Lawyer in Your Corner Now

The juvenile justice system is intimidating for any child and family to face. A knowledgeable, dedicated juvenile defense attorney will guide you through the process, protect your child’s rights, and fight for their best interests every step of the way.

At The Nieves Law Firm, our experienced juvenile defense lawyers are here for your family during this difficult time. We know how to navigate the system, investigate every defense angle, and advocate for rehabilitative solutions over harsh punishments.

Contact us today for a confidential consultation about your child’s case. Getting a skilled juvenile defender on your team from the start is the most important thing you can do to help your child move forward to a positive future.