Lawrence Juvenile Defense Attorney

Home » Lawrence Criminal Defense Lawyers » Lawrence Juvenile Defense Attorney

When your child is accused of a crime, you should hire a Lawrence juvenile defense attorney. A juvenile record can affect your child’s prospects for the rest of their lives, creating barriers that they otherwise would never face. Underage offenders also are on a tighter timeline than most adults, and can lose scholarships, college acceptances, and some of the best years of their lives because of a one-time mistake.

At Joseph, Hollander & Craft, we work to position underage offenders for the swiftest and most positive resolution to their case possible.

Common Charges Against Juvenile Offenders in Kansas

The following are some of the most common charges against juvenile offenders in Kansas:  

• Physical assault: Bullying, rough-housing, or other actions can get out of hand among teenagers and children. If your child is charged with physical assault because of an altercation, the sentence can vary widely. 
• Theft: Petty theft is different from felony charges, especially in the juvenile court system. Being accused of shoplifting, for instance, is generally less serious than breaking into a house or armed robbery, but the punishments can still be severe. 
• Drug crimes: Drug crimes in Kansas account for a significant portion of juvenile detentions. 
• DUI: In Kansas, it is illegal for anyone under the age of 21 to operate a vehicle with a blood alcohol content (BAC) of 0.02% or higher.
• Sex crimes: Juvenile sex crimes can result in some of the most serious penalties, as well as lasting reputational harm.

How Juvenile Court Works in Kansas

The juvenile court system in Kansas involves several steps, and varies based on the severity of the crime.

Charges

The District Attorney (DA) can file charges against a juvenile offender as long as they do so within a certain statute of limitations. Most commonly, the child will be served with a summons that lists their court date or an offer to complete a pre-charge diversion program referred to as the Juvenile Immediate Intervention Process. 

The prosecution may also file a motion to authorize prosecution as an adult. The court will hold a hearing on this motion. If it is granted, your child can be prosecuted as an adult and subject to the more severe sanctions applicable to adult offenders. No child under 14 can be prosecuted as an adult.

Arrest

A child who has been arrested is taken to the Juvenile Intake and Assessment Center. JIAC staff are not police officers, and what your child tells them cannot be used against them in court. If the child is not released to a parent or custodian, they will be taken to a Juvenile Detention Facility (JDF) and held in custody. 

A child who is not arrested but appears on a summons will be “booked” at the JIAC following his or her first appearance.

Detention Hearing

Detention hearings only happen if the DA requests it. They are not automatic or the default. If a detention hearing is requested, it will take place before a judge. The detention hearing typically results in one of the following results:

1. The child is ordered to be released to his or her parents or guardians.
2. The child can be placed in an out-of-home facility, like a group home. 
3. The child can be detained in the JDF until their next court date.

While being released home does not necessarily mean an end to the juvenile court process, it is usually the best outcome for all involved. Minor children who are released home can be ordered to follow a curfew, attend school or stay home, and follow other guidelines set by the juvenile court judge. They may be able to have some of the comforts of a familiar environment during their prosecution. 

Plea Offers

The goal of much of the juvenile justice system is not necessarily to detain minors. Because of this, plea offers are common and typically geared towards rehabilitation. It is important to work with an attorney who understands the nuances of the juvenile court system, as it is different from adult trials and sentencing.

Trial

Unlike in adult criminal court, jury trials are not standard for juveniles. KSA 38-2357 states, “The trial of a felony or misdemeanor case shall be to the court unless the juvenile requests a jury trial in writing within 30 days from the date of the juvenile’s entry of a plea of not guilty.”

Alternative Sentencing Options

You may be able to circumvent going to trial entirely or taking a plea bargain through options like the Juvenile Immediate Intervention Process or accepting probation. Diversion may also be available for first-time juvenile offenders who are charged with minor crimes. Failure to complete the full program can result in your child being tried and sentenced. However, successful completion of a diversion program will result in charges being dismissed.

Why You Want to Hire an Attorney If Your Underage Child Is Charged With a Crime

A juvenile record can follow your child well into adulthood. Hiring a lawyer is not an admission of guilt; it is the best possible way to protect your child’s legal rights, current well-being, and future potential.

Frequently Asked Questions About Juvenile Defense in Lawrence

What’s the difference between juvenile defense and juvenile justice?

Juvenile defense is the term used for the legal representation of underage offenders. Juvenile justice refers to the system at large, as well as the laws, policies, language, and focus of that system. 

Juvenile defense is one part of juvenile justice, but it’s not the only part.

What is a Motion for Adult Prosecution (MAP)?

A Motion for Adult Prosecution (MAP) is a legal request by the prosecutor to try a minor defendant as an adult, with the understanding that if convicted, that child will be sentenced as an adult.

Can you appeal if the judge accepts the MAP?

A minor can appeal the order authorizing prosecution as an adult–but only after a conviction, under KSA 38-2380.

What does Extended Jurisdiction Juvenile Prosecution (EJJP) mean?

Extended Juvenile Jurisdiction Prosecution (EJJP) allows a judge in Kansas to issue two sentences: a juvenile sentence, which must be completed, and an adult sentence, which is stayed. If the child completes the juvenile sentence in full with no issues, then the adult sentence is lifted. If they violate any conditions of their juvenile sentence, the adult sentence will be imposed.

What happens if my child turns 18 before their case is over?

Juvenile offenders can turn 18 during their case without being tried as adults. As long as the crime was committed before the age of 18 and the court does not order prosecution as an adult, the sentencing will remain an adjudication, and not an adult conviction.

Could my child end up on the sex offender registry in Kansas?

Yes, it is possible for certain offenses such as child pornography or sexually violent crimes to automatically invoke registration on the sex offender registry through KORA, the Kansas Offender Registration Act. This can occur even if all proceedings take place in juvenile court.

I wasn’t present when my child was questioned. Does that matter?

It might. In Kansas, it is legal for a police officer to question a minor child without their parent or guardian being present. However, under KSA 38-2333: 

When the juvenile is less than 14 years of age, no admission or confession resulting from interrogation while in custody or under arrest may be admitted into evidence unless the confession or admission was made following a consultation between the juvenile’s parent or attorney as to whether the juvenile will waive the right to an attorney and the right against self-incrimination.

Can juvenile offenses be expunged?

Generally, yes – juvenile offenses can be expunged. You have to fit certain criteria, but we can help you in this process.

Do You Have a Juvenile Defense Attorney Near Me?

Joseph, Hollander & Craft maintains an office at 5200 Bob Billings Pkwy in Lawrence, located at the intersection of Bob Billings and Legends Drive. We have additional offices in Overland Park, Topeka, Wichita, and Kansas City, MO for your convenience.