Parent's Role in Juvenile Court Criminal Accusation Proceedings

Tampa Juvenile Defense Attorney Discusses the Parent's Role

Throughout my years as a juvenile defense attorney, parents often ask me about their role during a proceeding in juvenile court after their child has been accused of a crime. Outside of the criminal justice and delinquency system, parents have the sole decision making authority for the child when it comes to important matters impacting the child's health or legal rights. The public defender's office in Hillsborough County provides parents with a letter regarding parental and / or guardian involvement in a juvenile delinquency matter. The letter is a great summary of the law. It is particular important when the parents want to take a course of action that is slightly different from the juvenile.

When it comes to the role of a criminal defense attorneys the 2001 Selected Standards of Profession Responsibility provides:

As a representative of clients, a lawyer performs various functions. As an advisor, a lawyer provides clients with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocates, a lawyer zealously assert the client's position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. A lawyers acts as an evaluator by examining a client's legal affairs and reporting about them to the client or to others.

The role of the criminal defense attorney in a juvenile case was discussed in the Supreme Court decision, In re Gault, 387 U.S. 1 (1967) which granted every child the right to an attorney in a juvenile delinquency case. The Supreme Court held that children are entitled to the assistance of an attorney whenever they are charged in juvenile court with committing criminal acts. "A proceeding where the issue is whether the child will be found to be 'delinquent' and subjected to the loss of his liberty for years is comparable in seriousness to a felony prosecution. Therefore, the child needs the assistance of a criminal defense attorney to deal with the direct and indirect consequences of the arrest and prosecution, investigate the facts, talk to witnesses, obtain due process, and help the child present a defense or mitigation at trial or a sentencing hearing. The juvenile "requires the guiding hand of counsel at every step in the proceeding against him." Id. at 36.

A parent places an important role in the proceedings as well. In the Gault decision, the United States Supreme Count found:

"...constitutional due process strictures, ethical mandates, and juvenile justice standards all underscore the fact that it is the child, not the parent, who is the client and decision maker... It is the juvenile, not the parent or guardian, who faces a potential loss of liberty at the pretrial detention and disposition stages of the proceeding... It is the juvenile, therefore, who possesses a fundamental due process right to legal representation."

In those rare cases in which the parent and the child disagree on what action the child should take in the juvenile court case, it is the attorneys duty to be loyal to the wishes of the child and defer to the child's decision making authority, regardless of whether the child's parent has paid the attorney or is contributing to the legal costs.

In certain cases, the parents desires are opposed by the child. Sometimes, one or both of the parents are the alleged victims in the case. This explanation of the role of the criminal defense attorney, the child, and the parent can be helpful in those cases.

At the Sammis Law Firm we represent juveniles charged with criminal offenses. These cases are always difficult, especially when the child and the parent do not see eye to eye on the way the case should be resolved. The child and the child's attorney should always consult with the parents. Often the child relies completely on the parent's wishes. Having a criminal defense attorney working with the parents is almost always the best solution. But when a conflict exists, it is important for the parent to understand the limitation on their decision making authority in this one area.