Juvenile Delinquency Defense Lawyers in Wilkes-Barre, PA

If a child you love is facing an allegation of delinquency, Lampman Law is here to help and ready to fight. Over the years we have successfully represented juveniles accused of committing delinquent acts ranging from vandalism to sexual offenses and violent crimes. We understand that the juvenile system is different than criminal court and that representing juveniles requires special knowledge and care.

In Pennsylvania, “juvenile proceedings are not criminal proceedings. Under the Juvenile Act, juveniles are not charged with crimes; they are charged with committing delinquent acts. Theydo not have a trial; they have an adjudicatory hearing. If the charges are substantiated, they are not convicted; they are adjudicated delinquent. Indeed, the Juvenile Act expressly provides an adjudication under its provisionsis not a conviction of a crime. 42 Pa.C.S.A. 6354(a).... These are not insignificant differences or the transposing of synonyms. The entire juvenile system is different, with different purposes and different rules.”In re S.A.S., 839 A.2d 1106, 1108-09 (Pa. Super. 2003).

When a written allegation of delinquency is filed the accused will typically meet with a juvenile probation officer for an intake meeting. At the meeting, the juvenile has a right to have alawyer present. The offender may decide to retain a private attorney or can seek representation through the Public Defender’s Office at no cost. Parents and/or legal guardians are also able to attend the intake meeting.These meetings are usually informal; however, there are important decisions to make prior to attending. The accused should be counseled on whether to discuss the allegations with the probation officer.

In general, the purpose of the intake meeting is for probation to determine how the case should proceed. A juvenile case can be disposed of with an informal adjustment (a recommendation theallegation is dismissed or dismissal upon completing agreed upon conditions) or a consent decree (a more formal diversionary program).

If, however, the attorney for the Commonwealth or the juvenile probation officer determines that formal juvenile court action is necessary, a petition for delinquency is filed. The case willthen proceed to a formal hearing before a judge. If a judge finds an accused delinquent, the offender may be given a term of probation or placed in a detention facility.  

If a written allegation has been filed or if your child is being investigated, you should speak to an experienced juvenile defense lawyer as soon as possible. Speaking with a defense lawyeris important because how you respond to the allegation will likely impact the outcome. In most cases, it is best to remain silent. However, the facts of some cases may justify speaking and/or cooperating with the police. Insome cases, cooperating can help reduce the charges and resolve the case. It is important to explain all the details of a case to the lawyer so they can offer appropriate advice.

In the meantime, here are a few things to remember:

Without a Lawyer, Remain Silent

You and your child have the right to remain silent. You should exercise your right and your child’s right not to speaking with the police or anyone else when questioned. While I respectthe police and the important and difficult job they have, speaking with them is unlikely to help your situation. However, speaking to the police will typically help them prove their case against your child.  

Require a Search Warrant

Likewise, for the police to legally search a place or an item, a valid search warrant is generally required. Do not offer your consent to the search. Make the police apply for and get a warrantto execute the search/seizure.  

Remember that the Commonwealth has the Burden of Proof

It is important to remember the Commonwealth bears the burden of proof in juvenile cases. Your child has nothing to prove relevant to this case.

If an allegation has been filed against your child or if they are being investigated by the police call us now at 570-371-3737 for a free consultation. We are here to help and are ready to fight.

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