Legal Question in Criminal Law in Maryland
My son (12) and three of his friends (11 & 12) were playing in the parking lot of our apartment complex when the glass in the entry door to one of the apartments was broken by a rock. There was a witness who said she saw all the boys playing (although they all agreed that one kid was in the house and only came out after-the-fact to view the door.) Nevertheless, charges are being pressed against all four boys by the complex and now each family has 30 days to evacuate the property. The officer also mentioned that according to Baltimore County law, the boys will be placed is a juvenile version of the scared straight program and the incident will remain on their record until they are 18. After that their records will be sealed. It seems like a lot of consequences for kids who have never been in any kind of trouble when clearly it was an accident.
My questions are:
1. Will there be a formal hearing?
2. Should I hire a lawyer to defend him?
3. Is this extreme punishment or normal given the county and age of the defendents?
1 Answer from Attorneys
The Department of Juvenile Services may resolve the matter by meeting with you and your son, or they may forward the matter to the State's Attorney's Office for prosecution in juvenile court. If the case proceeds to juvenile court you and your son will be advised of his right to counsel. He (you) may either hire one privately, or if you qualify the Office of the Public Defender may appoint one for him. Police officers are generally not lawyers and therefore not in a position to give reliable advise. Regardless, they are typically adverse witnesses and have a conflict of interest preventing them from giving unbiased advise to accused people. Juvenile matters are supposed to be about rehabilitation. He may have to go to counselling and complete community service.
Whether you hire a lawyer is up to you. I offer a free initial consultation.
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