How does a juvenile keep a clean record?
If a juvenile is charged with a felony or misdemeanor, a savvy defense lawyer might be able to negotiate a resolution that keeps their client’s record clean.
How to Keep a Juvenile’s Criminal Record Clean
The Juvenile Criminal Court’s ultimate goal is to punish offenders while limiting the effect on the offender’s future, if possible. A child is a juvenile for most criminal matters until they are 18 years old. Juvenile crimes can be identical to adult crimes in what they are and how they are committed. The punishment is often different. It is a common misunderstanding that juvenile convictions do not follow a person into their adult life. Juvenile adjudications appear as criminal convictions for criminal record checks and prior convictions if there is a subsequent adult charge. The juvenile’s defense lawyer’s job is to find a way to make sure their client keeps a clean record.
The Consent Calendar and How it Works
Consent calendar is a way to remove any evidence of a crime from a juvenile offender’s record. The consent calendar places the offender on probation and gives them conditions to fulfill. The judge dismissed the case if they did everything without a problem. All evidence of their offense is removed from existence.
A court might consider juvenile consent calendar placement for misdemeanor, non-violent crimes, or first-time juvenile offenders. The juvenile offender does not enter a formal plea if the judge agrees to consent calendar. Effective September 1, 2013, no case may be placed on the consent calendar unless the juvenile and the parent, guardian, or legal custodian, and the prosecutor, agree. The court then sets out specific terms that the juvenile must complete within a specified period of time. Additionally, the police cannot take or maintain a record of the juvenile’s fingerprints if the court agrees to the consent docket. The police must return or destroy any fingerprints they’ve already recorded. Consent calendar placement is completely non-public, and all records will be destroyed when the youth turns 18. The juvenile consent calendar allows adolescents to keep a clear record and escape harsh lifelong penalties. If a case is on the juvenile court’s formal calendar, the court may transfer the case to the consent calendar at any time before disposition.
How the Consent Calendar Works
Special rules apply to a case on a consent calendar to keep a juvenile’s record clean. No formal plea may be entered except as required by the Crime Victims’ Rights Act. However, under no circumstances shall the court enter a finding of guilt.
The Court must hold a conference with the juvenile and the parent, guardian, or legal custodian to discuss the allegations. The victim may be present if desired. If it appears to the Court that the juvenile has committed an act that would make them subject to the Court’s jurisdiction, the Court may issue a written consent calendar plan. The plan cannot contain a provision for removing the juvenile from the custody of the parent, guardian, or legal custodian.
Once the juvenile has successfully completed the terms of the consent calendar case plan, the court must order the case to close and may destroy all records of the proceedings. The consent calendar is an effective way for a juvenile to keep a clean record.
Violations of the Consent Calendar Plan
Suppose the Court determines that the juvenile has failed to fulfill their obligations under the consent calendar plan and that it is not in the best interest of the juvenile or the public. In that case, the court can order the case transferred to the formal calendar on the charges contained in the original petition, citation, or appearance ticket. Any statements made by the juvenile cannot be used in court against the juvenile if the case goes to trial on the formal calendar.
It is also important to note that if the Michigan Motor Vehicle Code is violated, the court must report the violation to the Michigan Secretary of State.
Michigan Juvenile Defense Attorney
Most juveniles charged in delinquency court do not get consent calendar, and having a top juvenile defense lawyer can give them the best possible chance of keeping a clear record. So, if you or your son or daughter faces potential charges in the juvenile justice system, it is essential that you have legal representation to protect them and help keep their record clean. The juvenile justice system has many special policies and rules that are different from those in adult court. An experienced juvenile law attorney will know and understand the requirements, rules, and policies necessary to protect a juvenile faced with a crime.
The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience in all areas of criminal law, including juvenile criminal law. If you or a loved one is facing a possible juvenile criminal charge and you need information or to speak to someone, call us today. We look forward to helping you.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
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