The Michigan legal system treats juveniles differently than adults when they are involved in criminal proceedings. Juvenile cases are handled by the family division within each circuit court. Family court judges have more options for resolving juvenile offenses than do judges who preside over cases involving adults.
As a matter of public policy, the legal system recognizes that children are developmentally different from adults, particularly concerning their maturity, decision-making, and understanding of consequences. The juvenile justice system focuses on rehabilitation rather than punishment and seeks to help youthful offenders reform and reintegrate into society. Juvenile courts typically provide additional protections for youthful offenders. Sentences are typically more lenient, and the focus is on education, counseling, and rehabilitation.
Nonetheless, having a child involved in the juvenile justice system can be an overwhelming and frightening experience. Parents may feel stressed, confused, helpless, and filled with uncertainty. Elmen Legal understands the stress of any court proceeding, and particularly those involving children. Juvenile justice attorney Robert Elmen gives every client the individual attention they deserve and prides himself on providing caring and compassionate representation and expert legal advice and guidance to help your family navigate this difficult process.
Contact Elmen Legal today to schedule a free, confidential consultation to discuss your situation and how Elmen Legal can help.
Navigating the Michigan juvenile justice system can be a frustrating, scary, and overwhelming experience. The following is intended to provide an overview and description of the juvenile justice system in Michigan. For answers to specific questions and advice on how to successfully navigate the juvenile justice system in Michigan, please contact Elmen Legal directly.
A child can be arrested by a police officer, sheriff, deputy sheriff, county agent, or probation if:
When a child is first arrested, they will be taken to the police station to complete booking procedures and collect data, such as the child’s fingerprints. The child will then be taken to the Family Division of the Circuit Court where the offense was allegedly committed.
When a juvenile is taken into custody, the officer must immediately attempt to notify the child’s parents or guardian.
Depending on the severity of the alleged offense, the child will either:
During the initial hearing, the juvenile court judge will review the evidence and can do one of four things:
If the case is dismissed, the child is free to go, and no other formal court process will follow.
When a case is diverted, it is moved off of the court’s Formal Calendar and into a less formal, community-based setting. Diversion may involve a warning from the court, or the child may be ordered to write apology letters, participate in community service, pay restitution, or attend counseling sessions.
When a juvenile child’s case is sent to Consent Counseling, it is removed from the court’s Formal Calendar and is handled informally through court supervision. To participate in Consent Counseling, the child and their parent or guardian must waive the right to formal notice of the charges, the right to a court-appointed attorney, the right to a trial, and the presumption of innocence. Court representatives will create a plan outlining the steps the juvenile must take. If the child completes the plan, the case will be closed.
When a case is placed on the Formal Calendar, the child is being formally charged with a crime and the case will move through the formal court process. The child can admit or deny the charges. A child who denies the charges is presumed innocent and can request a trial. The child has the right to an attorney, the right to confront witnesses against them, the right to call witnesses, and the right to testify.
If the child is found to be delinquent, whether at trial or by admitting to the charges, the court will enter a disposition. Disposition of a juvenile case can include:
If your child has a case in the Michigan juvenile justice system, an attorney can ease your burden by answering your questions, providing advice and guidance, and representing your child in court proceedings. Attorney Elmen has years of experience representing juveniles and adults in criminal proceedings in and around Ann Arbor and throughout Michigan. He will offer advice, provide guidance, and help you achieve an optimal resolution to your child’s juvenile case.
Call (734) 707-8915 or contact Elmen Legal online to schedule a free, confidential, and no-obligation appointment to discuss your situation and how Attorney Elmen can help.
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