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Juvenile Lawyer David G. Parker | Criminal Defense for Minors in Staunton and the Valley

Juvenile Lawyer in Staunton David G. Parker Law

Guiding Families Through Virginia's Juvenile Justice System with Experience, Determination, Compassion, Respect, Professionalism, Trustworthiness, and Client-Centered Representation

Whenever a criminal petition is filed against a juvenile, it can be a stressful time for both the child involved and their parents or guardians. Juvenile criminal law in Virginia operates under a separate system, with its own procedures and considerations that differ from what you will find in adult criminal law. As the parent or guardian of a juvenile facing criminal charges or a criminal investigation, it is important to understand the role an experience juvenile lawyer plays in ensuring the best possible outcome for the case.

David G. Parker Law offers dedicated legal representation for juvenile offenders, ensuring that every juvenile client receives the guidance, protection, and advocacy that they deserve. As an experienced lawyer and former Virginia prosecutor, David G. Parker works diligently to defend the rights of his minor clients across the Staunton, Harrisonburg, Lexington, and the Shenandoah Valley.

Whether your child has been charged with a misdemeanor, felony, or a traffic offense, understanding the juvenile justice system is essential. Juvenile offenders in Virginia face distinct processes aimed at rehabilitation, but that does not mean that the penalties are necessarily insignificant. Having a knowledgeable juvenile defense lawyer can make all the difference in the outcome of your child’s case.

KEY TAKEAWAYS

  • Juvenile Law in Virginia focuses on rehabilitation and second chances for minors, but that does not mean that there are no consequences for delinquent conduct.
  • Juvenile offenders face unique legal processes, and having an experienced juvenile lawyer is crucial to securing favorable outcomes.
  • David G. Parker Law in Staunton offers compassionate and knowledgeable representation in juvenile cases across Virginia.
  • Understanding the juvenile court process, from detention hearings to dispositions, is vital for the families involved.
Picture of David G. Parker

David G. Parker

David G. Parker Law is a Staunton-based law firm offering experienced representation in juvenile criminal and traffic matters

Understanding Juvenile Law in Virginia

The Juvenile Justice System

Juvenile law in Virginia focuses on rehabilitation rather than punishment.  To quote the Virginia Department of Juvenile Justice, the goal of the juvenile justice system is to provide “effective accountability measures and interventions that improve the lives of court-involved youth.” However, serious offenses can still lead to severe penalties, making it critical for families to have a juvenile lawyer who has practiced in this area and who understands its nuances.

Unlike in adult courts, the judges of Virginia’s juvenile courts consider the offender’s age, background, and circumstances when determining appropriate outcomes, which may include probation, community service, or even detention in severe cases.

 

Common Juvenile Offenses

Some of the most common offenses juveniles in Virginia may face include:

  • Misdemeanors: These often include minor vandalism, shoplifting, alcohol offenses, and simple assault.
  • Felonies: It is not rare for juvenile courts to handle more serious crimes, such as sexual misconduct, drug possession, and felony theft or vandalism.
  • Traffic Offenses: Young and inexperienced drivers often appear on traffic violations such as speeding, reckless driving, and failing to properly obey road signs and signals.

 

Having a juvenile lawyer who understands the specific challenges minors face is essential in providing the right defense.

 

Juvenile Delinquency vs. Adult Convictions

Juvenile offenders are treated differently under the law. In Virginia, a child under the age of 18 may be tried as an adult under certain conditions, particularly if the crime is serious or violent; however, in many cases, juveniles are tried in juvenile court, where the focus is on rehabilitation and second chances. 

The process of determining whether a juvenile will be tried as an adult is called juvenile transfer, and it requires careful consideration by the courts. David G. Parker Law works closely with families to ensure their child’s rights are protected at every stage, whether the case stays in juvenile and domestic relations court or is transferred to adult court.

The vast majority of charges against juveniles remain in the Juvenile & Domestic Relations Courts, where juveniles are not tried as adults. A juvenile found guilty in this manner is found to be “delinquent”, as compared to an adult who will be “convicted” of the same offense.

The Role of a Juvenile Lawyer

Providing Advocacy and Guidance for Minors

A juvenile lawyer serves as both an advocate in court and a guide for the client through the legal process. At David G. Parker Law, we understand how intimidating the legal system can be for minors and their families. Our firm provides compassionate and informed representation to ensure that minors are treated fairly and that their future remains bright despite the legal challenges they might currently be facing. It’s the job of the lawyer to guide the client on what to expect as their case proceeds through to its conclusion.

Helping You Navigate the Juvenile Court Process

Juvenile court processes can be complex and vary based on the severity of the charges. David G. Parker Law is experienced in all stages of the juvenile justice process, having participated in detention hearings, motions to try juveniles as an adult, trials, show causes, and disposition hearings. Whether seeking alternative sentencing or defending against unjust charges, we are committed to securing the best possible outcome for your case.

Rehabilitation and Second Chances

The juvenile justice system emphasizes rehabilitation, aiming to prevent future offenses and help minors reintegrate into society. When appropriate, David G. Parker Law works with the court and the prosecutor to explore rehabilitation options that may include counseling, community service, or education programs – aiming for rehabilitation and dismissal of criminal petitions rather than findings of guilt and detention in a juvenile detention facility.

What to Expect in a Juvenile Case

Detention Hearings

A detention hearing is the first step in many serious juvenile cases. It will not be an element in more minor offenses. If one is held, this is where a judge will decide if the juvenile should be detained or released until their trial. In most cases, juveniles are released to the custody of their parents or designated guardians. However, if the judge deems the juvenile a flight risk or a threat to the community, they may be detained in a juvenile detention facility.

Adjudication

Adjudication in juvenile criminal law is similar to a trial in adult court. Here, the judge will hear evidence from both sides (the defense is not obligated to present evidence if they do not wish to do so) and make a determination of guilt or innocence, or a finding of facts sufficient without a finding of guilt. A juvenile lawyer plays a critical role in defending the minor’s rights, presenting evidence, and ensuring that the juvenile court’s focus remains on rehabilitation. Even if the evidence is overwhelming, this does not eliminate the possibility that the judge can find facts sufficient but withhold a finding of guilt.

Disposition

If a juvenile is found guilty, the court will hold a disposition hearing to determine the appropriate consequence. This could range from counseling, to community service, to time in a juvenile detention center. An experienced juvenile defense lawyer can argue for more lenient dispositions that allow the minor to avoid harsh penalties, or even avoid a finding of delinquency altogether if certain conditions are met.

Why Choose David G. Parker Law?

Experienced in Virginia Juvenile Criminal Law

David G. Parker Law understands that every case is unique, and we are committed to defending minors in the juvenile justice system. Whether they’re facing misdemeanor charges, felonies, or traffic offenses, there is usually a suitable course of action to improve the chances of a favorable outcome. Having handled a broad range of juvenile criminal matters, David G. Parker Law can provide guidance based on previous experience.

Compassionate, Client-Focused Approach

We know that dealing with juvenile charges is stressful for both the minor and their family. Coming to court as a defendant is no small matter for an adult, let alone a juvenile. It is David’s belief that one of the best ways to approach these cases is to keep the client informed of the process, to remove the mysteries of it, and to listen to the juvenile to better understand their perspective on everything that has happened.

Staunton Juvenile Lawyer David G. Parker works to defend minors accused of crimes in Staunton Va

FAQs About Juvenile Laws in Virginia

Do Juveniles Need a Defense Lawyer?

In my opinion, having a defense lawyer is crucial for a juvenile facing legal charges. A juvenile’s lawyer ensures that the child’s rights are protected throughout the legal process, that negotiations with the government are made in good faith, and provides a strong defense that can lead to more favorable outcomes, such as rehabilitation and dismissal instead of delinquency and punishment.

Should I Rely on a Public Defender for Cases Involving a Minor?

While many public defenders are experienced and knowledgeable, they often handle a high volume of cases. Hiring a dedicated defense lawyer offers the benefit of more focused attention and time spent on your child’s case, which can make a significant difference in the outcome.

What Are the Differences Between Adult and Juvenile Courts?

Juvenile courts focus on rehabilitation, providing minors with the opportunity to avoid harsh penalties and re-integrate into society with a minimum of disruption. So, while adult criminal courts prioritize punishment and often result in more severe sentences, juvenile courts aim to correct behavior while considering the minor’s future. The court will take into account the minor’s age, background, and circumstances to provide opportunities for growth and change, often through counseling, probation, or community service.

What Is the Most Common Sentence for Juvenile Offenders?

This depends on the nature of the charge. Dispositions for juvenile offenders often include some blend of probation, community service, counseling, and rehabilitation programs. The exact outcome will vary with the type of criminal or traffic charge. The general goal is to encourage positive behavioral changes while avoiding detention or jail time unless the crime is particularly serious.

What Are the Major Processes in the Juvenile Justice System?

The major processes in the juvenile justice system include detention hearings, adjudication (the trial phase), and disposition (sentencing). Each stage involves determining the best course of action for the juvenile’s rehabilitation and future.

What Is Juvenile Delinquency?

Juvenile delinquency refers to illegal acts committed by individuals under the age of 18. Juveniles are not “convicted” but are instead found to be delinquent.

What Should I Do If My Child Is Accused of a Crime?

If your child is accused of a crime, it is recommended that you seek legal representation immediately and consult with a lawyer before discussing anything about the case with law enforcement. A lawyer can provide guidance on the best course of action and work to protect your child’s rights throughout the legal process, even if a criminal petition has not yet been filed against your child.

What Age Is Considered a Juvenile in Virginia?

In Virginia, individuals under the age of 18 are considered juveniles. However, in certain cases, juveniles as young as 14 may be tried as adults depending on the severity of the offense.

Can a Minor Go to Jail?

While a minor may be detained in a juvenile detention facility for more serious juvenile offenses, they are not typically sent to jail in the same manner as adults. However, in extreme cases where the juvenile is tried as an adult, the imposition of jail or prison time could be a possibility.

What Is the Maximum Sentence for a Juvenile in Virginia?

The maximum sentence for a juvenile in Virginia depends on the severity of the crime. For serious offenses, juveniles may be detained in a juvenile correctional center until they reach the age of 21.

Can a Child Be Charged With Assault?

Yes, a child can be charged with assault. In Virginia, juvenile courts handle these cases with an emphasis on rehabilitation, but the severity of the assault will influence the outcome.

Can a Child Be Charged With Possession of Drugs?

Yes, minors can be charged with drug possession. Juvenile courts treat these offenses seriously, but sentencing often involves rehabilitation programs or counseling rather than detention.

Can a Child Be Charged With Theft?

Yes, theft is a common offense among juvenile defendants. Depending on the value of the stolen property, the case could range from a misdemeanor to a felony, with penalties including probation, restitution, being barred from returning to certain locations, and community service.

Can a Minor Be Charged With Rape?

Yes, a minor can be charged with rape, and in such cases, the minor may be tried as an adult depending on the circumstances. These serious charges require the expertise of a juvenile lawyer.

When Can a Juvenile Be Tried as an Adult?

In Virginia, a juvenile can be tried as an adult if they are 14 years or older and charged with a serious felony, such as murder or robbery. The juvenile court will typically determine whether the case should be transferred to adult court by holding a transfer hearing. For the most serious offenses involving a juvenile 16 years or older, the juvenile court will automatically hold a preliminary hearing and certify the case for a trial as an adult in the Circuit Court.

What Crimes Can Juveniles Be Tried as Adults for in Virginia?

Juveniles can be tried as adults for felony crimes such as murder, rape, robbery, and other violent crimes and sexual offenses. A juvenile lawyer can work to prevent the case from being transferred to adult court by contesting the transfer at a transfer hearing. Where transfer is not automatic, the court must consider a number of factors before agreeing to transfer the juvenile’s case for trial as an adult in the Circuit Court.

Do Juveniles Get a “Slap on the Wrist” for Crimes?

No, while juvenile court focuses on rehabilitation, serious offenses can result in significant penalties, including detention in a juvenile correctional center. Even traffic offenses that can get dismissed might involve driver improvement programs or community service. However, the system aims to provide opportunities for second chances whenever possible.

Will My Juvenile Get Probation?

Probation followed by reduced charges or even dismissal of charges is a possible disposition for juvenile offenders, especially for first-time or non-violent offenses. It allows the juvenile to remain at home under court supervision while completing rehabilitation programs and other obligations.

Will My Juvenile’s Record Be Expunged or Sealed After Turning 18?

In many cases, juvenile records are automatically sealed once the individual turns 19 or after a certain period without additional offenses. However, serious crimes may remain on the record and impact things such as the purchase of firearms for a period of time after reaching adulthood. A juvenile lawyer can provide more guidance on expungement and the sealing of court records.

What Is the Juvenile Equivalent of Parole?

There is currently no parole in Virginia for adults; however, the juvenile equivalent of parole can be imposed on juveniles committed to the custody of the Department of Juvenile Justice. This allows juveniles to serve the remainder of their sentence under court supervision while living in the community. Specifically, the law allows for “a period of determinate or indeterminate parole supervision to follow the commitment but the total period of commitment and parole supervision shall not exceed seven years or the juvenile's twenty-first birthday, whichever occurs first.”

Schedule your free consultation with juvenile defense lawyer David G. Parker now

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