Legal Question in Criminal Law in Pennsylvania

Can I defend?

My son who is 15 yrs old, was charged with Disorderly Conduct due to a fight on school grounds. He is a victim and we are going to fight this in court. Since he is a minor, do I, his Parent, have the right to represent him at trial?


Asked on 12/23/06, 7:17 pm

1 Answer from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: Can I defend?

I am assuming by the way you are asking the question that you are not a lawyer. If you were a lawyer, the answer is that you could represent him. If you are not a lawyer you must look at the court that you are to appear and determine the local rule for the counties juvenile system. Some places in PA allow for "legal aid" others require a lawyer. I am not certain but i beleive that in a criminal proceeding, under the juvenile act, you must have a lawyer. However, in a summary proceeding, i am not sure you are entitled to a free lawyer, and you did not state in your question the gradation of the charge. In some jurisdictions they allow the accused to complete community service and in exchange the DA withdraws prosecution on the matter. In other counties, the DA may offer a consent decree, with means that if you child stays out of trouble for the proscribed amount of time, the case is withdrawn and expunged, so he has no record and the arrest is gone as well. Of course, and most prominently, you can fight the case, but you want a lawyer for that. If you are not a lawyer, the worst thing you can do is attempt to play one in your child's life. You will do more harm then good because no one, especially the judge, will take you seriously. Good Luck. Feel free to email.

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Answered on 12/23/06, 8:25 pm


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