Why Juvenile Representation Matters
Kids have long been treated differently in the criminal justice system. It used to be that they were treated much worse than their adult counterparts, but in TLO v. New Jersey and In re: Gault, the Supreme Court recognized that kids had rights, too. The most recent developments in neuroscience regarding juvenile brain development have given rise to a host of cases at the Supreme Court regarding juvenile offenders and punishment in very serious cases. The United States finally moved away from imposing the death penalty on children in Roper v. Simmons (there the defendant was both a child and mentally handicapped) and then ruled that mandatory death in prison sentences (life sentences) are also impermissible for children in Miller v. Alabama and Montgomery v. Louisiana.
Despite this sea change in juvenile law on the federal level, juvenile defense in New Hampshire remains inadequate as a recent report confirmed. The National Juvenile Defender Center found New Hampshire was failing kids in a widespread and systemic way. Their main issues were:
New Hampshire courts fail to provide counsel early in the process leading to problematic convictions where kids are forced to take pleas when they wouldn’t if they had access to a lawyer (even more problematic—parents aren’t charges if a kid takes a plea early in the process, but are if the juvenile gets a lawyer);
New Hampshire’s public defense system treats juvenile cases as a training ground for adult defense, resulting in inexperienced counsel performing poorly in critical hearings; and
New Hampshire’s courts detain far too many children pending trial, in part because lawyers are not appointed early enough in the process.
These findings are disturbing. What’s worse is that the impacts of a juvenile conviction can be far reaching. Kids in New Hampshire can be tangled up with the juvenile system for years, usually until 18 but in some cases until 21. New Hampshire prosecutors are also increasingly turning to juvenile certification, the process of taking a juvenile case and moving it to adult court. This is despite the overwhelming scientific evidence that juvenile certification is both dangerous and counterproductive. As a result, the traditional hallmarks of the juvenile court system—reformation and confidentiality—are gone.
Because of these trends, juvenile representation is absolutely critical and getting representation as early as possible is very important. We have more than a decade of experience in juvenile court handling cases from petty thefts all the way up to sexual assault juvenile certifications. Certification cases, especially those with sexual assault charges, are among the most complex hearings in the criminal law and experienced counsel can make a huge difference, with outcomes ranging from juvenile punishments to sending a child to adult prison for decades. We are familiar with the recent developments in neuroscience and new and innovative methods of rehabilitation designed specificially for juveniles. We know the process and the players, and we know the law. We also have familiarity with school discipline procedures. So if your child is facing juvenile charges, contact us. We can help.
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