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I have been in court with Sammy more times than I can remember. The only time it was good was the day of his adoption.
Sammy has appeared in court for a variety of charges, but most commonly disorderly conduct and criminal destruction of property. We have also been in court for placement orders that placed him in residential treatment centers. None of these are fun, but until you’ve been in a couple of them, you have no idea what’s going to happen.
Depending on the age of the child, there has to be an attorney involved. Each state differs on this, and if you have to go to court, you should be notified of what the regulations are. Some states allow parents to act as the attorney, while others require that it be a licensed attorney.
If you need a licensed attorney, you have the choice of hiring your own attorney, or your child can request a public defender. Your child is the client and must speak with the attorney.
Cases involving minors are closed hearings, and only the people involved may be present in the court room.
Chances are you will have little to do with the hearing at all. Some courts and social workers don’t even require you to be present at the hearing. I have always attended, but have seen kids waiting for their hearing with only the social worker and the attorney present.
In the hearings that we have been in, the charges are read, and the child is asked to admit or deny. This is the same as pleading innocent or guilty, but those words are not used in a juvenile hearing. If the child chooses to admit, there will be discussion as to the “sentencing” of the child. Depending on the number of times the child has been in court, the sentence can range from community service hours, juvenile detention or removal from the home to residential treatment or a psychiatric facility.
If the child chooses to deny, there is a pre-trial hearing date set, and the two sides will meet and try to reach an agreement. If an agreement is not reached, it goes to trial. We have never made it this far. Sammy has always admitted, or we have reached an agreement in a pre-trial conference.
In Wisconsin, children can choose to not attend hearings, and just have their attorney represent them.
If the child chooses to admit, the charges are read, along with the sentence that will be imposed, and the child must acknowledge understanding of each and every portion of it.
The case worker should meet with you before the hearing and let you know what sentencing request will be made, as well as telling you exactly what the charges are and what information will be presented to the judge.
The only time we have ever spoken during these hearings is when the judge asks us if we have any questions. I know other parents have been called as a witness against their child, but Sammy’s charges have been more minor than those cases.
These are my own personal experiences. Things may vary in your area, but at least this will give you some idea of what will happen should you need to be in court.
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