Mark B. Arthur: Attorney at Law

Any charge against your child, misdemeanor or felony, is serious. Even though the juvenile criminal justice system seeks to rehabilitate juvenile offenders, you must work to get in front of these charges from the beginning.  Showing the court that this is not routine behavior for your child can be invaluable at the disposition of his case.

All juvenile charges are complex. Witnesses and evidence in these cases quickly disappear or are very difficult to get unless you start working on these cases immediately.  For the first offender, developing the case to show the court that your child is innocent or this is a minor offense takes time and effort from your defense team.  For the more serious charge, ensuring that the case is solid against your child and that he gets treated fairly must be a priority from the beginning.

The effect on your child’s life of a conviction can be far-reaching.  Although many cases are dismissed when the defense team presents your child’s case and circumstances, detention in a juvenile facility is a real possibility.  Criminal charges can also affect your child’s school attendance and job opportunities.

The Winning Approach to Juvenile Defense

An aggressive defense lawyer is critical. In most juvenile cases, the prosecution relies heavily on the testimony of witnesses in order to prove its case.  Typically witnesses are agitated, excited, angry or intoxicated.  In the hands of a skilled defense attorney, the testimony of such witnesses begins to fall apart.  Additionally, the police will attempt to speak to your child and get a “confession”.  Your defense team will ensure that what is said by your child is correct and accurate.

Thorough investigation of the case is vital. The attorney, or the private investigator working for the attorney, should attempt to interview all witnesses prior to a trial.  The success of a juvenile trial may well depend on the skill and knowledge of the attorney.  It is vital that your attorney be well prepared for trial.

You must be part of the team. Mark B. Arthur prefers a team approach.  While I will work hard to keep my trial skills sharp and my knowledge of the law current, no one knows the facts of your case better than you.  It is important that you are involved in your case, and that you work with me. The best results in your case will come when you have open communication with me and you make informed decisions in the case.

If You are Facing Juvenile Charges

Let's begin with the understanding that the police are not your friends and they are not there to help you.  It is legal for the police to lie to you.  Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:

• Do not talk.  Be polite and courteous, but refuse to discuss their investigation with them.  You should plainly and repeatedly tell them that you do not want to discuss anything with them and that you want an attorney present.  Do not allow yourself or child to be tricked or coerced by the police.
• Anything you say about the case to anyone, including most family members, can be used against you in court.  Many juveniles hurt their case by discussing it with family, friends, co-workers, police officers and prosecutors.  If you have made such statements, we will deal with it together.  If you have not, DON'T!
• Never consent to anything without the advice of your attorney.  This includes giving the police permission to search, draw blood or discuss the case with you.
• Never resist arrest. If a police officer is attempting to arrest your child, be polite and cooperative. Inform the officer that they will go along peacefully. It is also important to immediately have your child inform the officer -or any officer who tries to question you- that he will not talk without an attorney.
• The only information you should provide without consulting an attorney is necessary biographical information. This includes your full legal name and address.
• Inform the officers that you wish to make a telephone call. Get an attorney quickly, if you call family or friends have them contact an attorney. You can reach us at 1-434-846-7111.
• If they are advised of their right to have an attorney, your response should be, "I plan to hire an attorney for my child.”  At the advisement, do not try to talk to the judge about your case.
• Finally, meet with your attorney as soon as possible. When you meet with me, be completely honest regarding the events. Tell us about any past problems or witnesses that might help or hurt your case. Remember that you are the most important part of your defense team.