Few things are more alarming for a parent than getting a call that their child has been arrested. Whether you’re shocked, angry, or unsure of what to do, it is critical to handle this situation calmly and professionally to ensure the best outcome for your child. Navigating the Pennsylvania juvenile justice system can be overwhelming, but knowing what steps to take will help you make informed decisions that protect your child’s rights and future.
This guide lays out the key steps parents should follow if their child is arrested in Pennsylvania, as well as why experienced legal representation is essential at this crucial time.
1. Stay Calm and Gather Information
Hearing that your child has been arrested might trigger a whirlwind of emotions, but your first priority is to remain calm. Acting rationally will not only help you make better decisions but also show your child that you are their steady support system through this difficult time.
Ask Essential Questions
Once you are informed about the arrest, gather specific details, such as:
- Where is your child being held? Determine if they are at a police station, juvenile detention center, or another facility.
- What are the charges against them? Clarify whether they are accused of a misdemeanor, felony, or another offense.
- What happened during the arrest? Learn whether Miranda warnings were provided and whether your child was interrogated.
Be Aware of Initial Processing
Under Pennsylvania law, minors are typically processed in a separate system from adults. However, there are specific instances, such as serious felonies, where a child may be charged as an adult. Understanding where your child stands helps determine your next steps.
2. Understand Your Child’s Rights
Children, like adults, have rights in the legal system, and being informed about these rights is crucial.
The Right to Remain Silent
Ensure your child knows they have the right to remain silent when questioned by police. Anything they say can be used against them later, so it’s best to avoid giving statements without legal representation present.
The Right to an Attorney
Your child is entitled to legal representation. Make it clear to law enforcement that your child will not answer questions until an attorney is present. This prevents any accidental statements that could complicate their case.
Protections Against Unlawful Detention
Juvenile defendants in Pennsylvania must generally be released to their parent or guardian unless the case involves specific violent or repeat offenses. You can advocate for your child’s release while emphasizing your commitment to cooperating with the legal process.
3. Contact an Experienced Juvenile Defense Attorney
Legal representation is not just crucial—it is essential when your child’s freedom and future are on the line. Hiring a skilled juvenile defense attorney can make the difference between a strong defense and lasting legal consequences.
Why Legal Representation Matters
The Pennsylvania juvenile justice system is complex, with its own set of rules, procedures, and consequences. Unlike the adult system, the goal in juvenile cases focuses on rehabilitation rather than punishment. However, missteps in the process can still result in severe consequences like probation, detention, or a lifelong criminal record.
An experienced attorney will:
- Review the charges and determine whether they are appropriate or inflated.
- Challenge any procedural errors, such as improper arrests or violations of Miranda rights.
- Advocate for alternative resolutions, such as diversion programs or reduced charges.
- Protect your child’s rights during court proceedings.
At Ciccarelli Law Offices, we have a deep understanding of Pennsylvania juvenile law and are committed to advocating for minors with compassion and expertise.
4. Avoid Self-Incrimination During Interactions With Law Enforcement
It’s common for police officers to ask seemingly casual questions in the aftermath of an arrest. However, both you and your child should exercise caution when interacting with law enforcement.
- Do not admit fault. Even vague statements like “We’ll fix this” can be twisted and used against your child later.
- Limit discussions to logistical information. Provide facts such as your child’s name, but avoid offering explanations, apologies, or opinions about the alleged offense.
Your attorney will guide you on how to approach any questions or requests from law enforcement moving forward.
5. Navigate the Juvenile Justice System
Once your child is charged, their case will likely progress through Pennsylvania’s juvenile justice system. Here’s what to expect:
Initial Hearing
Juvenile cases typically begin with a detention hearing to determine whether your child will remain in custody or be released to your care. A defense attorney can present arguments in favor of their release by focusing on education, family support, and prior good behavior.
Court Proceedings
If the case proceeds, the court may conduct fact-finding hearings to assess the evidence. Unlike adult trials, juvenile hearings in Pennsylvania are usually closed to the public to protect the minor’s privacy.
Sentencing or Rehabilitation
If a child is found delinquent (the juvenile court equivalent of guilty), they may face consequences like probation, mandatory counseling, or detention in a juvenile facility. However, the system prioritizes rehabilitation, meaning your attorney can advocate for alternative outcomes focused on addressing the underlying issues.
Sealing and Expungement
Juvenile records are not always permanent. Many convictions can be sealed or expunged to ensure your child’s future is not negatively impacted. An experienced attorney can advise you on how to pursue these options at the appropriate time.
6. Support Your Child Through the Process
While the legal proceedings unfold, your role as a parent is indispensable in providing emotional support and guidance. Regardless of the circumstances, remind your child that you are on their side and work together to address any underlying behavior or challenges that led to the arrest.
- Understand their perspective. Aim to have honest conversations about what happened, without judgment.
- Engage in open communication. Keep your child informed about their case and what to expect in court.
- Seek counseling or community programs. Resources such as family counseling or mentorship programs can provide constructive outlets and guidance.
How Ciccarelli Law Offices Can Help You and Your Child
At Ciccarelli Law Offices, we know that dealing with the arrest of a child is an emotional and stressful experience for any family. We are here to provide the guidance, advocacy, and representation you need to safeguard your child’s rights and future.
Our services include:
- Evaluating the circumstances of the arrest for procedural errors or rights violations.
- Building a strong defense tailored to your child’s case.
- Negotiating favorable outcomes, such as reduced charges, diversion programs, or dismissal.
- Offering post-case support, such as expungement guidance or rehabilitation referrals.
With offices in West Chester and serving families throughout Pennsylvania, we are committed to delivering compassionate and confident legal counsel during your family’s time of need.
Final Thoughts
If your child is arrested in Pennsylvania, acting quickly and decisively is critical. From securing experienced legal representation to understanding your child’s rights, each step plays a vital role in shaping the outcome of the case. By working with a trusted law firm like Ciccarelli Law Offices, you can take proactive steps to protect your child and ensure their future is not derailed by a single mistake.
To learn more about how we can help, contact Ciccarelli Law Offices today for a free, confidential consultation. Your child’s future is worth protecting, and we are here to help.