August 16, 2004

You might get “the call” in the middle of a staff meeting, or at 2:00 am, after reading three pages of Mary Higgins Clark’s latest before flipping off the light. But it’s always a heart-stopper: “This is Detective Carter down at the Fourth Precinct. We have your daughter Aimee in custody.”

Adrenaline pumping, all you can do is sputter, “What happened? Is she all right?” Then come decisions: should you call a 24-hour lawyer? Go pick her up? Then what?

Surprisingly, this experience is almost as common as acne. In 2001, according to the U.S. Department of Justice, almost 800,000 juveniles were taken into custody for crimes ranging from destruction of property to public intoxication. Almost 600,000 of these were referred to juvenile court.

First offenders might be directed to a “diversion program,” designed to keep teens charged with misdemeanors (lesser crimes) out of the court system. Attorney Barbara Greenberg of the Cuyahoga County, Ohio Bar Association has been a volunteer magistrate in such a program. “By using social service resources, drug/alcohol programs, anger management classes and community service with restitution for damages, we hope to help kids make better decisions regarding their behavior,” says Greenberg.

No one has to tell “Donna” about teens and legal trouble. Her son, “Kevin,” was a smart, athletic high school senior with two Ivy League schools competing to recruit him for their sports programs. Then Kevin and a friend stole some bikes parked in front of a Taco Bell and were charged with larceny. Kevin did community service and the charge was dropped, but later that year, he and two buddies broke into a house and spent Christmas behind bars. Fortunately, Kevin now works for a cell phone company and has stayed out of trouble.

Step One: Calm Down and Ask Questions
Officer Tim Henry of the Moorestown, New Jersey police department has peeled many a parent off the ceiling. Henry, who spent 13 years as a Detective working on juvenile cases, advises parents to “Get the facts. Find out who’s handling the case and try to ascertain what’s going to happen. Remember that juvenile justice is set up differently from adult court. There’s an emphasis on accountability, but guidance and reinforcement are usually more important than punishment.”

Your fact-finding might include these questions:

Juvenile Court Basics
Juvenile courts, which typically handle kids between 9 and 18, emphasize rehabilitation rather than punishment. Many kids are first-timers who never return. Proceedings are confidential, and rules of evidence more informal than in adult court. Sentencing options, usually called “dispositions,” are tailored to fit the child. There’s no court reporter, unless you order and pay for one. And juveniles are entitled to be represented by an attorney, either privately retained or court-appointed, the same as adults.

The terminology is a little different too. A juvenile is charged with a “delinquent act” rather than a crime. At a first appearance, charges are read and a plea entered. If facts are in dispute and there’s no possibility of settlement (plea bargain), the case is set for a fact-finding hearing or trial. After the finding (verdict), the child returns to learn what the disposition will be. Standard options include probation, community service, therapy, and drug or alcohol treatment programs.

“The most important part of our job is deciding what to do with the child,” says Judge Peter M. Sikora of the Cuyahoga County Juvenile Court in Cleveland, Ohio. He doesn’t let kids off the hook, either: “I tell them, ‘you’ll get to an age when you’re responsible for your actions…it won’t matter if your father was absent or your mom was always working.’”

The Authorities’ Take on Things:
Once a child’s under arrest, parents often see police, security personnel and judges as the ones who’ve cast a shadow over a beloved child’s future.

But what’s the view from the other side? What’s it like running down teens with beer or marijuana in the Camaro?

Tim Henry doesn’t consider cops and kids “natural enemies.” “I think the arresting officer sets the tone. The most effective way to deal with a situation is to talk to kids with respect. Don’t get into a battle of the egos,” he says.

Henry takes a personal interest in those he’s chasing, many times looking into a kid’s family situation. One night, he followed a “teen caravan” of three or four cars into a local park and watched. When he stepped out of the patrol car, one kid shouted “Five-O!” as the rest scattered like roaches. “Later,” recalls Henry, “I phoned some of the fleeing kids who know me, and they apologized.”

And what about the judge, who ends up sorting out the mess? Eugene Hyman, a Superior Court judge on delinquency assignment in San Jose, California, has a unique perspective: he used to be a police officer. “I don’t think police officers dislike juveniles, but over the years kids have been treated more and more as adults under the law. Today they have virtually the same rights, except the right to a jury trial,” says Hyman. “This drives the perception of juvenile court as no longer a gentler place ruled by the ‘best interests of the child.’ Society is afraid of kids, and everyone wants the book dropped on kids – with the exception of their own.”

The Supporting Cast
One of the most important advocates a juvenile in legal trouble can have is a lawyer. Michael Goldberg has practiced criminal law in the Cleveland area for 15 years. His advice for families? “Hire your own lawyer if you have the money. Public defenders are really busy and can’t give you the same access as private counsel. I feel an extra obligation to private clients. For example, I’ll take after-hours phone calls, because the client has chosen me,” Goldberg says.

School psychologists like Fran Gatlin, who works at Robinson High School in Fairfax, Virginia., are also on the front lines in dealing with kids in legal trouble. Gatlin notes, “When I work with kids facing court dates, I work on management of anxiety. I interview them to make sure the teen isn’t feeling desperate. Beyond that, I urge them to be honest, not argumentative. I may do some role-playing to help them come up with appropriate responses.”

Parents—Coping and Hoping
“Sometimes parents are very angry at their child, and I remind them that kids can make inappropriate decisions,” observes officer Henry. “Other times, they’re mad at the system or the police, and blame them for that lost chance at a job, scholarship, etc.” He believes that neither attitude is productive and advises parents not to overreact: “Kids learn valuable life lessons from being arrested—they find the whole thing unpleasant, and usually don’t repeat the experience.”

One of the best things a parent can do, according to Gatlin, is to be supportive, while stressing accountability. “Have the teen earn the money for fines, lawyers, or court costs. Learning from mistakes and not repeating them is fundamental…facing consequences of behavior now may keep a teen from getting into something more serious later,” she observes.

Kurt Kumli, Supervising District Attorney of the Juvenile Delinquency Division in Santa Clara County, California, points out that police or other officials have many options when they come in contact with juveniles. “Obstinate, hostile, non—cooperative kids are more likely to end up in juvenile hall,” says Kumli. “With about 80% of juvenile crime, the way the kid interacts with authority figures may be the single most important factor in determining the outcome.”

Donna’s experiences with her son ultimately made her a realist, both in dealing with the immediate situation and the fallout. She advises parents to warn kids not to “confess” without a lawyer present and to note behavioral changes such as sleeping too much, depression and weird friends. “Don’t berate your child,” she says, “they already know they made a big mistake. And don’t berate yourself, either. It took a long time for me to accept that my son was making these decisions, not me.”

Resources:

• American Civil Liberties Union (ACLU) - “Bustcard” on “What To Do If You’re Stopped by the Police.”
• Street Law, Inc. - (301) 589-1130
• American Bar Association - Division for Public Education—Practical law
  

Joan E. Lisante is an attorney and freelance writer who frequently covers topics affecting teens.