Protection from the Adult System

One of the most notable benefits of hiring a juvenile law attorney is protecting your minor from the adult system. Certain crimes carry the risk of the minor getting charged as an adult.

For example, a minor who commits manslaughter could be punished as if they were over the age of 18. Other crimes could include:

• Arson
• Sexual battery
• Murder
• Kidnapping

Without the right attorney on your side, things can quickly go awry. The sentences for adults are much harsher than those for minors, and it’s even possible for a falsely accused individual to get a life sentence.

Quality Representation

It’s imperative to have quality representation when dealing with accusations, but not all lawyers are created equal. Having the right attorney could dictate whether your minor overcomes juvenile criminal charges. Keep this factor in mind when moving forward.

Faster Results

Experienced lawyers know how to expedite the process. The longer a case drags on, the more stressful it can become. The last thing you want is to find yourself constantly worrying about your minor’s potential incarceration.

Your lawyer can also help your minor get released on bail as soon as possible. With the right lawyer, they can often be released within less than 24 hours.

Guidance

Dealing with an arrest can be intimidating for everyone involved. Working with a lawyer will provide much-needed guidance throughout the process.

They’ll help you and your minor understand the situation and your potential options. This will greatly aid in building the proper defense. There’s something to be said about the peace of mind that guidance provides, as it can substantially reduce the stress you experience.

Finding a Juvenile Law Attorney

Finding the right juvenile delinquency attorney is easier than most people anticipate. There are certain attributes to keep an eye out for during your search, though. Listed below are some of the most notable.

Industry Experience

Research their experience and see how long they’ve been working as a juvenile law attorney. The more time they’ve spent in the industry, the better.

In general, it’s best to prioritize attorneys who have at least a decade of experience. This will ensure they understand your case’s nuances.

Specialization

Do they specialize in this area of law? Just because an attorney says they can help with your case doesn’t mean they concentrate on situations like yours.

It’s imperative to find someone who primarily deals with similar cases. This goes a long way toward finding the best possible option for your needs.

If your prospective attorney plans to delegate your case, ask to meet the lawyer they’ll give it to. This prevents you from working with someone you know nothing about.

Reputation

Only hire attorneys who have untarnished reputations. You can gain insight into this information by reading online reviews.

See what previous clients have to say about their experiences. Look for reviews that specifically mention timeliness, professionalism, and results.

Communication

Some attorneys are more difficult to get in touch with than others. Being unable to reach your attorney can easily complicate your situation.

However, accessibility sometimes comes at a price. To clarify, an attorney might charge you extra to answer the phone or return emails after hours.

If you aren’t aware of these charges, they can quickly add up. Regardless, your lawyer should regularly communicate with you and keep you updated on the case’s progress. Before you hire them, ask them how they plan to inform you of important details.

The Advantages of Flat Rate or Upfront Pricing

You often get what you pay for when hiring a juvenile law attorney. Cheaper attorneys often lack the necessary experience to get the best results. Like everything else in life, experience and expertise come with a price and you must ask yourself, what’s your child’s future worth?

When your child is facing charges, the last thing you need are more unpleasant surprises. Unforeseen expensive legal bills can add stress and anxiety to an already tough situation. When it comes to cost, flat rate juvenile defense attorneys are your best choice to avoid any surprise bills and allow you to plan ahead.

Because juvenile legal issues are a specialized area of law, it’s not uncommon for experienced juvenile attorney to quote thousands or even tens of thousands of dollars depending on the charge. This can actually work in your favor. Most experienced and reputable juvenile defense attorneys will charge a flat rate or upfront fee. This will be a total estimate to represent your child for the entirety of the case from start to finish.

A flat rate may seem eye opening at first, but it will give you peace of mind and avoid any future surprise costs or added fees that can quickly add up. Flat rates also act as an incentive for your juvenile attorney to resolve the case in the quickest amount of time with the least amount of work. This can alleviate long-term stress on you and your child and potentially avoid the strain of dealing with investigators, psychologists, or other experts if they don’t need to be involved.

Flat rate juvenile defense attorneys may include some additional costs if the case goes to court, but these are usually transparent and discussed upfront.

Be wary of any juvenile defense attorney that charges by the hour. It’s likely they have little experience and could potentially add up enormous future costs without any end in sight. The last thing you need is to encounter financial surprises after hiring a lawyer. For example, let’s assume that an attorney charges $500 per hour. After a seemingly small retainer is paid, the billable hours can quickly add up and soon surpass the flat-rate quote of an experienced juvenile defense attorney.

Keep in mind the difference between flat rate vs. hourly billing juvenile defense attorneys and the overall potential cost of an adequate defense. Don’t be fooled by a low price quote. Make sure you discuss all the potential costs and that the juvenile attorney you consult is transparent with their strategy and charges.

Level of Comfort

Assess how comfortable you are communicating with the attorney. To get the best results, you’ll need to be in frequent contact with them and provide the necessary information. This can be difficult to achieve if they don’t seem approachable.

Enthusiasm

Look elsewhere if your prospective attorney doesn’t seem enthusiastic about your case. Attorneys who aren’t interested in working with you will likely fall short of your goals.

This is a situation to avoid at all costs, as it could jeopardize your minor’s freedom. Most people can gauge an attorney’s level of interest shortly after meeting them.

A great way to assess their enthusiasm is to observe if they ask questions. The more they ask about your case, the more likely they’ll give it their full attention.

Get Started ASAP

If your minor gets arrested, time is not on your side. It’s imperative to call a juvenile law attorney as soon as possible. They have the tools and resources to help you manage this situation and begin building a defense to insure the best possible outcome for your child.

Juvenile defense attorney Andrea Kolski has over twenty years of experience in representing clients in a wide range of cases, including domestic, criminal, and family. She strives to exceed expectations and deliver the best possible results while offering support, compassion, and transparent communication throughout the process. Reach out to her today to learn more about how she can provide the legal defense you deserve.

Every year, the FBI records approximately 800,000 online cyber crimes. While we’re all glad when law enforcement cracks down on cyber crimes, more and more people, and especially teens, are finding themselves in legal trouble for misunderstanding the laws around cyber crime, social media, internet use, and other everyday platforms.

it’s estimated that Over 400 million people become victims of everything from cyberbullying to social media crimes. Teens are often in the crosshairs of law enforcement when it comes to cyberbullying and social media misdeeds.

But the definition of “cyberbullying” and “social media” are vague and often confusing. Because of this, it’s easy to see why a growing number of people, young and old, are surprised when the the police come knocking at their door.

Online crimes are tricky to pin down at times. But make no mistake, crimes on social media may have consequences just as severe as those in real life–and in some cases, even more severe.

It may seem obvious which things you shouldn’t do online. Solicitation of a minor or making death threats are two common examples. But many may be surprised to learn that everyday, seemingly innocuous activities are actually grounds for legal penalties.

In this guide, we aim to discuss crimes on social media that are often confusing and many may not realize were illegal. Read on for five examples of things you should never do whether on Facebook, Twitter, or Instagram.

1. Social Media Crimes Include Using Copyrighted Material

Using copyrighted material can get you into hot water fast. Imagine one day you are Googling for a specific picture. You find one, save it, and then immediately publish it to your social media profile. Unless the image had a Creative Commons license, what you have just done might be a crime.

Copyright law is pretty straightforward: the creator of an image or video has the right to it. That means no one else has the right to use or profit from a particular image. The only way to do so is after having received explicit, written consent.

Now, it’s important to understand that copyright law can get very tricky. So tricky in fact, that you may need a chart to help you determine if you can share or use an image.

Generally speaking, we recommend against posting an image, video, or song that is not your own. The owner of that material could take you to court and demand damages from you.

Are There Exceptions to This Rule?

There are exceptions but it’s best to err on the side of caution. One example of an exception is posting a friend’s picture, or one with a Creative Commons license. Further, you may not suffer any punishment for reposting a copyrighted image. The original poster would suffer the consequences in that situation.

If we are being realistic, though, 99% of people my not realize they’ve posted copyrighted material. It becomes a serious issue when they make a profit off of it. For example, using a copyrighted song in a YouTube video.

Be sure that any images or materials you post are not copyrighted. There are online services that provide non-copyrighted material and can help you avoid trouble with the law.

2. Providing False Information

This is a very common occurrence that can land you in trouble. For example, visiting a website that has an age requirement, and lying about your age. Most people, especially minors, don’t realize this seemingly innocent action can land them in hot water.

Social media accounts like Facebook and Instagram have been making headlines recently for cracking down on fake profiles and other misleading information. It’s a crime to threaten harm or hurt people online, even with a fake account. Further, someone can be sued for defamation or other damages if they pretend to be someone else or causing damage to one’s reputation. Again, the laws are vague but the consequences can be very real.

This is especially the case when concerning crimes for minors. Teens or children may, for many reasons, label themselves as an adult in their profile.

However, this is against the law–and can land those they interact with online in real trouble. This is especially true if they are using social media for dating. If a minor provides false information or a false age, they can face legal consequences.

3. Impersonating Another Person

As mentioned above, it’s illegal to impersonate another person. However, parody accounts may be protected under free speech. Still, taking parody too far can lead to legal repercussions.

Using a fake ID in real life is illegal. Similarly, impersonating another person online can also be illegal. Parody accounts are acceptable, but there are specific rules and guidelines that must be followed to avoid crossing the line. For example, it must be blatantly clear that an account is a parody. How exactly one defines “blatantly clear” is anyone’s guess.

Law enforcement is an exception and often uses fake online profiles to track down cyber criminals or online predators. Online sting operations are a growing part of police work because they are cheap to conduct, pose little risk to the officers, and can provide a digital trail of evidence when or if an arrest is made.

Put simply, it’s best for most people to steer clear of impersonating another person online to avoid problems with the law.

4. Recording a Call Without Someone’s Consent

Perhaps, in order to gather evidence on a sketchy business or person, you record a Facebook or Instagram call with them. You do so secretly, without warning them. Your intention, after all, is to catch them in the act.

Texas is a one-party consent state. In other words, unless you are one of the parties on the call, you can’t record a conversation between two people without their consent. However, there are guidelines to how that recording may be used or submitted to a third party.

If for some reason you need to record a call, make sure you are adhering to Texas guidelines and don’t record calls or conversations of others without their consent. Public places, such as malls or sporting events, are often exempt from the privacy rules but even then can have some stipulations depending on the type of recording.

5. Uploading Pictures of Someone Without Consent

Your First Amendment rights allow you to take pictures of anyone you like in a public space. It’s only in places with a “reasonable expectation of privacy” where that is not the case. For example, on the premises of private property.

Say you go to a friend’s house for a party and take a picture of them or someone else there. If you don’t know them well, ask them for permission to post their pictures. They have every right–if they so desire–to take you to court over posting these pictures against their consent.

Get Representation With Non Stop Justice

Social media laws continue to evolve and the confusion around what’s legal and illegal is common. In this article we briefly covered some common situations such as impersonating another person, providing false information about yourself, and profiting off copyrighted content. But this is just a small sample of the many laws surrounding social media and the legal issues that people in every community may face.

When it comes to online and social media use, it’s best to proceed with caution. However, if you or a loved one have found themselves on the wrong side of the law, such as online solicitation or other cyber crimes, Montgomery county criminal defense attorney Andrea M. Kolski has the experience and skills to insure your rights are protected. She’s been fighting and winning in Texas tough criminal courts for over 22 years. Andrea’s record of success is second to none. Contact us today for a free case review.

Yet, juveniles are routinely tried as adults, particularly in serious violent crimes or when they are a repeat offender.

How is the distinction made, and who makes it? When can juveniles be tried as adults? Keep reading to learn more about how the justice system applies to minors.

There Are Two Court Systems in Texas

Similar to most states, Texas operates two court systems: the juvenile court system and the adult criminal court system.

Juvenile court generally deals with minors between ages 10 and 17. Any person 18 and older automatically go through the adult system.

However, depending on the charges, not all children make their way into juvenile court. If a minor is age 14 or older, then they can be referred to the adult system.

When Can Juveniles Be Tried as Adults?

When a 14-year-old is transferred into the adult justice system, it is called a “judicial waiver.” A judge may use a juvenile waiver when the case meets two conditions. This waiver denies the juvenile offender in question the protections that the juvenile court system provides.

First, there needs to be probable cause to believe the child committed the offense. The state needs to provide probable cause to bring charges, but in these cases, there is a strong likelihood of conviction.

Second, the juvenile court can refer the case when they believe the nature of the offense – or the child’s history – begets a proceeding in an adult court. These are serious offenses and treated as such.

In other words, it has to appear likely that the child is guilty, but the case also needs to suggest that the child has a violent background that doesn’t respond to traditional rehabilitation.

Unlike other states, Texas uses the 14-year-old rule across the board. It is the minimum age for a judicial waiver for:

• Certain felonies
• Capital crimes
• Certain drug offenses

Some states, like Kentucky, can refer children as young as ten.

Once a juvenile enters the adult system, they stay there if they commit another offense (“once an adult always an adult”). The only exception is if there is an acquittal or dismissal in the case or if there is a reversal upon appeal.

What Does It Mean to Be Tried as an Adult in Texas?

When a judge transfers a juvenile’s case to an adult court, it means they face the same sentencing structure as adults. However, a minor in adult court does not face the death penalty or life in prison without parole.

They also have an adult criminal record. While some convictions on juvenile records can be expunged or sealed, it becomes much more difficult on an adult record.

Being tried as an adult – even and especially for serious felonies like murder – is terrible for juveniles. Rather than focusing on rehabilitation through the juvenile system, the adult court threatens to put them away – and put their life on hold indefinitely.

Is It Possible To Stop a Child from Being Tried as an Adult?

In theory, the chances of a child receiving a transfer to adult court should be only in the rarest and most extreme cases. Unfortunately, the state of Texas is well-known for fast-tracking minors out of the juvenile system, with some attorneys acknowledging it could be a good legal strategy.

Between 1997 and 2007, 93 percent of juvenile certifications were granted in one Texas county. The figures represent what some officials call an assembly line system based on cost-cutting and expedience rather than justice and rehabilitation.

In this system, appearances can play a big role in the defendants fate. Kids can look like children in adult court; not like the troubled youth trotted out in front of juvenile court judges day after day.

There’s another unfortunate fact about Texas law. Before 1995, kids had an automatic appeal when moved to adult court. Today, they don’t have the right. Once a judge remands a case over to the adult criminal court, the criminal court cannot hand it back to the juvenile court.

What Happens Next?

Unfortunately, if the juvenile court refers the case to the criminal court, the best thing to do is find an excellent criminal defense and attempt to either lessen or beat the charges brought against the child.

While the system may appear to have the best intentions, oftentimes these juveniles face an uphill battle to prevail in court. A strong legal defense will be in order.

In some cases, a lawyer may recommend leaning into the adult criminal court referral. The child has to sit before a jury, who are more likely to see them as a child than a judge who sees children all day in juvenile court.

There are a wide array of possible defenses and no way to include them all here. Everything depends on the case and the defendant in the chair. However, some common strategies that are used in adult court include the recognition of the environmental characteristics that contribute to youth crime, including:

• Impact of community disinvestment on development and behavior
• Consequences of childhood trauma and the long-term effects
• Stress caused by living in poverty
• Poor decision-making skills as a result of development (youth aren’t fully developed until their 20s)

A criminal defense attorney can help you identify the best legal argument for your case.

Remember: Minors Lose Indigent Defense in Criminal Court

In juvenile court, juveniles have a constitutionally mandated access to counsel. The access does not depend on their ability to afford it, and the court doesn’t hold accountable if they do not have an attorney.

Once the court turns them over to the adult criminal court, the indigent defense disappears. However, the court should still appoint them one.

Is Your Child Being Tried as an Adult?

The Texas court system can be particularly harsh on troubled juveniles. Prosecutors and judges are overworked and cases stack up quickly. It’s difficult for them to see beyond the basics of the case and move onto the next case. This is where a skilled juvenile defense attorney can turn the tide in your favor and perhaps protect your child’s future.

Unfortunately, the Lone Star State also has a history of using the process as a way to push cases out of the juvenile court for efficiency – not based on what’s best for the defendant.

If your child’s case gets sent to adult criminal court, there’s no way to reverse the process unless deemed improper. At this point, it’s crucial to focus on winning your case.

If you know a juvenile who’s in legal trouble, we can help. We specialize in juvenile cases and are compassionate to their situation. We have successfully defended troubled teens for 20+ years in Texas courtrooms. There are dozens of young people enjoying a happy, fulfilling life thanks to our work. Contact the office of Andrea M. Kolski to review your case. Click here to schedule a confidential appointment today.