My Child was Arrested. What Happens and How Do I Get Him Home.

Posted by Tab Lawhorn | Sep 05, 2023 | 0 Comments

As a parent, one of the most distressing moments you can face is finding out that your child has been arrested. The mix of emotions, fear, and uncertainty can be overwhelming. However, it's crucial to stay calm and informed during this challenging time. Understanding the legal process and knowing how to act swiftly can greatly impact the outcome and ensure the well-being of your child. In this blog, we'll guide you through the steps following a juvenile arrest and provide valuable insights on how to bring your child safely back home.

1. Initial Arrest and Detention

When a juvenile is arrested, law enforcement officers have the authority to take them into custody. Upon arrest, your child may be detained in a juvenile detention center or, in some cases, a holding facility until further steps are taken. During this time, they will be processed, and their personal information and charges will be recorded.

2. Miranda Rights and Legal Representation

Like adults, juveniles have Miranda rights, which include the right to remain silent and the right to an attorney. It's essential to inform your child of these rights and advise them to exercise them until their attorney is present. If your child does not have a lawyer, it is crucial to retain legal representation immediately to protect their rights and ensure a fair legal process.

3. The Initial Hearing

After the arrest, your child will have an initial hearing, also known as a detention hearing or arraignment. This hearing typically occurs within a short period after the arrest, during which a judge will determine whether to release the juvenile or continue their detention. Having legal representation at this stage is vital to present a strong case for your child's release.

4. Possible Outcomes

Depending on the circumstances surrounding the arrest and the charges, there are several possible outcomes:

a. Release to Parents or Guardians: If the judge deems it appropriate, your child may be released to your custody with certain conditions, such as curfew or mandatory counseling.

b. Detention: In more serious cases or if your child is considered a flight risk or poses a threat to themselves or others, they may be held in juvenile detention until the next hearing.

c. Diversion Programs: Some jurisdictions offer diversion programs that allow juveniles to participate in counseling or community service instead of going through the traditional court process.

5. Next Steps: Building a Strong Defense

If your child's case proceeds to the juvenile court system, the next steps involve building a robust defense strategy. Your attorney will investigate the case, gather evidence, and present arguments to protect your child's rights and secure the best possible outcome.

6. Rehabilitation and Support

Throughout the legal process, it's crucial to prioritize your child's well-being and provide emotional support. Engaging with counseling or therapy services can help your child cope with the stress and challenges they are facing.

Facing the arrest of your child can be an emotional and overwhelming experience. However, staying informed, seeking legal representation, and supporting your child emotionally are essential steps in ensuring their safety and well-being. If your child is arrested, act promptly, and retain the services of an experienced attorney specializing in juvenile defense. Together, you can navigate the legal system, protect your child's rights, and work towards the best possible resolution. Remember, your actions and support during this critical time can make a significant difference in your child's future.

About the Author

Tab Lawhorn

Attorney, Tyler Office Tab E. Lawhorn is a principal partner at Lawhorn & Malouf, PLLC in Tyler, Texas. Mr. Lawhorn represents clients in Tyler and throughout Smith County who are victims of a personal injury caused by negligence. He regularly handles matters involving car wrecks, trucking accidents, wrongful death and premises liability.


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