Current through 2024-13, March 27, 2024
1. Prompt Action to
Protect the Juvenile
Many important rights of the juvenile in juvenile court
proceedings can be protected only by prompt advice and action. Defense counsel
should immediately inform the client of their rights and pursue any
investigatory or procedural steps necessary to protect the juvenile's
interests.
2. Advocate for
the Juvenile's Release from Detention
A.
Defense counsel has an obligation to attempt to secure the pretrial release of
the juvenile under the conditions most favorable and acceptable to the juvenile
unless contrary to the expressed wishes of the juvenile.
B. Defense counsel should be prepared to
present to the juvenile judge a statement of the factual circumstances and the
legal criteria supporting release including challenges to probable cause and to
make a proposal concerning conditions of release.
C. Defense counsel should determine whether a
parent or other adult is able and willing to assume custody of the juvenile.
Defense counsel should be aware that most juvenile courts will not release a
juvenile without a responsible adult in court willing to take custody. Every
effort should be made to locate and contact such a responsible adult.
D. Defense counsel should arrange to have
witnesses to support release and have anyone the juvenile wishes to have
present at any hearing.
E. If the
juvenile is released, defense counsel should fully explain the conditions of
release to the juvenile and the juvenile's custodian and advise both of the
potential consequences of a violation of those conditions.
F. Following the detention hearing, defense
counsel should continue to advocate for release of a juvenile or expeditious
placement.
G. Whenever a juvenile
is held in some form of detention, defense counsel should periodically visit
the client.
H. Whenever a juvenile
is held in some form of detention, defense counsel should be prepared for an
expedited adjudicatory hearing.
3. Meet with Juvenile
A. Defense counsel should conduct a client
interview as soon as possible after being assigned by the court/MCILS in order
to obtain the information necessary to provide quality representation at the
early stages of the case and to provide the juvenile with information
concerning the representation and the case proceedings. Any meeting should be
held sufficiently before any court proceeding so as to be prepared for that
proceeding.
B. Prior to conducting
the initial interview defense counsel should, where possible:
(1) Be familiar with the elements of the
offense and the potential punishment where the charges against the juvenile are
already known; and
(2) Obtain
copies of any relevant documents which are available, including copies of any
charging documents, recommendations and reports made by the Department of
Correction, and law enforcement reports that might be available.
4. Defense counsel
should specifically:
A. Ascertain:
(1) The juvenile's current living
arrangements, family relationships, and ties to the community, including the
length of time his or her family has lived at the current, as well as the
juvenile's supervision when at home;
(2) The immigration status of the juvenile
and his or her family members, if applicable;
(3) The juvenile's educational history,
including current grade level, attendance and any disciplinary
history;
(4) The juvenile's work
history, if any:
(5) The juvenile's
physical and mental health, including any impairing conditions such as
substance abuse or learning disabilities, and any prescribed medications and
other immediate needs;
(6) The
juvenile's record, if any, including arrests, detentions, diversions,
adjudications, and failures to appear in court;
(7) Whether there are any other pending
charges against the juvenile and the identity of any other appointed or
retained counsel;
B.
Explain the nature of the attorney-client relationship to the juvenile
including the requirements of confidentiality;
C. Explain the attorney-client privilege and
instruct the juvenile not to talk to anyone about the facts of the case without
first consulting with defense counsel;
D. Explain the nature of the allegations,
what the prosecution must prove, and the likely and maximum potential
consequences;
E. Explain a general
procedural overview of the progression of the case;
F. Explain how and when to contact defense
counsel;
G. Explain the role of
each player in the system;
H.
Obtain a signed release(s) authorizing defense counsel and/or his/her agent to
obtain official records related to the juvenile including medical and mental
health records, school records, employment records, etc;
I. Discuss arrangements to address the
juvenile's most critical needs; e.g., medical or mental health, or contact with
family or employers; and
J. Assess
whether the juvenile is competent to proceed or has a disability that would
impact a possible defense or mitigation.
5. At the initial meeting and thereafter as
appropriate, defense counsel should gather information relevant to the
preparation of the defense. Such information may include, but is not limited
to:
A. The facts surrounding the charges
against the juvenile;
B. Any
evidence of improper police investigative practices or prosecutorial conduct
which affects the juvenile's rights;
C. Any possible witnesses or other potential
sources of information; and
D.
Where appropriate, evidence of the juvenile's competence to stand trial and/or
mental state at the time of the offense.
6. Throughout the process, defense counsel
should take the time to:
A. Keep the juvenile
informed of the nature and status of the proceedings on an ongoing
basis;
B. Maintain regular contact
with the juvenile during the course of the case, and especially before court
hearings;
C. Review all discovery
with the juvenile as part of the case theory development;
D. Promptly respond to telephone calls and
other types of contact from the juvenile, where possible, within one business
day or a within reasonable time thereafter; and
E. Counsel the juvenile on the options
available and the consequences of each, as well as decisions that need to be
made by the juvenile.