Tips for the Parents of Minors Facing Drug and Sex Crime Charges

Facing criminal charges is a daunting experience for anyone, especially minors and their parents. Although parent-child relationships can be complicated, most parents feel extraordinary anxiety on behalf of their children after an accusation of a sex or drug crime and feel compelled to do whatever is in their legal power to help mitigate the consequences.

Every situation is unique, but there may be steps you can take to increase the likelihood of a successful defense or minimize the consequences of a conviction.

Immediate Steps to Take

1. Stay Calm and Gather Information

First and foremost, it's essential to remain calm. Panicking will not help the situation and can make it more challenging to think clearly. Gather as much information as possible about the charges, the circumstances surrounding the arrest and the legal process your child will face.

2. Strongly Consider Contacting a Lawyer Yourself as Soon as Possible

Minors typically need a lot of assistance in finding an attorney and organizing a defense. Even if a minor wanted to handle it on their own, they technically require a parent or guardian’s consent to enter into a binding attorney-client contract.

Realistically, most minors are not familiar with the process of finding attorneys or analyzing the differences between lawyers in order to make an informed judgment on their own representation. An experienced criminal defense lawyer can help you understand the charges, the potential consequences and the legal strategies with the greatest chance of success.

Differences Between Juvenile and Adult Legal Systems

The juvenile justice system operates differently from the adult legal system. The primary goal of the juvenile system is rehabilitation rather than punishment.

• Terminology: Terms like "delinquent act" instead of "crime" and "adjudication" instead of "trial" are commonly used.
  
  
• Privacy: Juvenile records are often sealed, meaning they are not accessible to the public.
  
  
• Sentencing: Sentences focus on rehabilitation, including probation, counseling, community service and education programs.

Key Considerations for Parents

Communication with Your Child

Open and honest communication with your child is vital. Make sure they know the seriousness of the charges and the importance of cooperating with their lawyer. Reassure them of your support and encourage them to be truthful about the events leading to their arrest.

Knowing Your Child’s Rights

Educate yourself and your child about their legal rights. These include the right to remain silent and the right to have an attorney present during questioning. Reinforce the importance of exercising these rights to avoid self-incrimination.

Drug Charges

Drug charges can range from possession to distribution. The severity of the charge will depend on the type and quantity of drugs involved and whether there was an intent to distribute.

• Defenses: Possible defenses include challenging the legality of the search and seizure, questioning the accuracy of the drug testing and proving lack of possession or intent to distribute.
  
  
• Rehabilitation Programs: Courts may recommend or require participation in drug rehabilitation programs, especially for first-time offenders.

Sex Crimes

Sex crime charges are extremely serious and can have long-lasting consequences, even for minors. These charges may include sexual assault, statutory rape and possession of child pornography. Sex crimes can have longer-lasting consequences compared with other juvenile convictions due to their severity. The consequences may depend on whether the court determines the juvenile poses an ongoing threat to the community or whether they have the capacity for rehabilitation.

• Defenses: Defenses may involve questioning the credibility of the accuser, proving consent (where legally applicable) and challenging forensic evidence.
  
  
• Impact of Conviction: A conviction can result in severe penalties, including mandatory registration as a sex offender. It’s crucial to have a skilled lawyer to navigate these complex cases.

The Role of Parents

Providing Emotional Support

Your child will likely experience a range of emotions following their charge, including fear, shame and confusion. Providing emotional support and reassurance is vital. Let them know you are there for them and will work together to resolve the situation.

Ensuring Compliance with Court Requirements

Make sure your child complies with all court requirements, including attending hearings, following probation conditions and participating in recommended programs. Failure to comply can result in harsher penalties.

Long-Term Considerations

Record Sealing and Expungement

If your child is adjudicated delinquent, you may have the option to seal or expunge their juvenile record, according to the rules of A.R.S. 8-349.

This can be crucial for their future education, employment and housing opportunities, but they typically have to wait until they turn 18 and it has been at least two years since they’ve completed probation or other disposition.

If you want to learn about your young adult child’s options for record expungement, you may want to consult an attorney about the requirements and options.

Rehabilitation and Counseling

Consider the long-term well-being of your child. Engage in counseling or rehabilitation programs that address underlying issues such as substance abuse, mental health or behavioral problems.

These programs can provide the support and tools needed for your child to make positive changes and avoid future legal issues.

Is Your Son or Daughter Facing a Drug or Sex Charge in the Greater Phoenix Area?

If your child is facing a drug or sex crime in the Phoenix, you don’t have to face it alone. Arizona board-certified criminal defense specialist Michael Alarid III will work tirelessly to protect their rights and future. Schedule a consultation today or give us a call at (602) 818-3110.