Juvenile’s Rights and Frequently Asked Questions

If your son or daughter has been charged with an offense, he or she has the right to:

·         Know what the charges are.

·         Remain silent.  No one can make him or her talk about the case.

·         Have legal representation.

·         Admit the charges

·         Deny the charges and have an Evidentiary Hearing before a Judge.  There is no right to a jury trial for juvenile charges.

·         Face and cross examine witnesses.

·         Present evidence in his or her own defense.

·         Testify if he or she wishes; however he or she does not have to testify.

·         Appeal the Judge’s decision. 

 How will this charge affect my child’s ability to go to college?

        Most young people seeking to attend college rely on Federal Student Aid to assist in paying for tuition. In some circumstances a conviction for drug possession or drug distribution may prevent your child from receiving Federal Student Aid. Fortunately, convictions that have been dismissed, and that occurred before a young person reaches age 18 or before he or she started receiving Federal Student Aid, do not prevent your child from receiving Federal Student Aid. www.fafsa.ed.gov. However, these cases must be dismissed to prevent any difficulties with federal financial aid. Please call for a free consultation to discuss dismissal and of your child’s case with me.



How will this charge affect my child’s ability to get into the military?

        The answer to this question varies depending on which branch of the Armed Forces your child seeks to enlist in. Generally, felony convictions make a person ineligible for military service. Also, persons who have any “significant” criminal history are ineligible for military service. The military does have a waiver process for applicants with criminal histories, but a waiver of ineligibility based on criminal history is not automatic. You should work closely with your recruiter and hire a good criminal attorney if your son or daughter is in this position.

 

Will a charge in Juvenile Court stay on my child’s record?

Not necessarily. There are ways that your child can keep a juvenile conviction off his or her record. First, if convicted, your attorney can negotiate an Informal Adjustment in your child’s case. Ultimately, this allows the judge to dismiss your child’s case upon the successful completion of his or her sentencing terms. If granted an informal adjustment dismissal, your child’s record will merely reflect that the crime has been dismissed.

by Stephanie Zepelin

Bio | Email | Follow: @ktvbstephanie KTVB.COM

Posted on April 1, 2014 at 9:25 PM

Updated Tuesday, Apr 1 at 10:31 PM



BOISE -- In a legislative session filled with controversy and tension, one bill made it through the legislature without one dissenting vote.

Senate Bill 1240a, written by Republican Senator Jim Rice, Democrat Senator Elliot Werk, and Republican Representative Lynn Luker, aims to protect Idahoans' privacy by limiting when law enforcement can collect DNA samples.

Last June, the U.S. Supreme Court made a ruling that would allow law enforcement to get a DNA sample upon arrest. This case originated in another state, but Idaho lawmakers wanted to make sure it doesn't happen here.

"Once we start down the road of simply collecting DNA upon arrest, that's a pretty slippery slope," said Werk. "In Idaho law it is very, perfectly clear now that it's only upon conviction, a criminal conviction, or with a court order."

If you are convicted of a felony, your DNA is collected and put into a national database. Prosecutors also wanted to make sure the bill allowed them to get DNA of certain suspects.

"Let's say that somebody was a suspect in a rape case," said Werk, "A prosecutor could go to a court, with probably cause, request a warrant to be allowed to collect a DNA sample from an individual, and then they could collect that DNA sample."

Senator Werk said the law is important in ensuring certain rights of Idahoans and making sure that arrest alone is not enough reason to collect someone's DNA.

"The idea that DNA is useful in criminal investigations, everybody acknowledges that, but that doesn't mean we should willy nilly go and start collecting DNA samples from the population in the state of Idaho," Werk said. "DNA is your blueprint of you as a human being."

Werk said that unlike a fingerprint, DNA reveals information that some people should not have to share.

"It's a search and seizure of a person, taking an actual sample of your DNA," Werk said. "We need to protect the rights and the liberties of our citizens and restrict the ability to be able to collect DNA."

Governor Otter signed the bill on March 26. The law goes in effect on July first.