Juvenile Attorney

Juvenile Attorney In Southeast Michigan

Juveniles and minors are a special case in our criminal justice system, and representing their legal rights requires a juvenile attorney with specialized knowledge and experience. This expertise is required to help juvenile offenders avoid criminal court, and ensure they receive necessary assistance/guidance as opposed to incarceration.

The criminal defense attorneys at Kelly & Kelly, P.C. have that experience. The personal attention we provide to every client, including minors – and their families – can help alleviate a stressful situation. We’ll start by explaining the implications and possible consequences of any criminal charges, educate you on the possible legal proceedings, advise you on defense strategies, and we’ll work diligently to defend your rights to the full extent of the law.

Furthermore, we’re experienced with juvenile expungements and setting aside eligible juvenile adjudications under Michigan law. A set-aside can help reduce the long-term impact of a juvenile adjudication, although certain nonpublic records may still be retained and accessible for limited purposes under Michigan law.

Your mistake doesn’t have to ruin your future or result in jail time.

Juvenile Lawyer Legal Services

Juvenile defense attorneys operate in a variety of areas within the broader field of juvenile law, reflecting the diverse legal issues that minors may encounter. The experienced juvenile lawyers at Kelly & Kelly P.C. manage all aspects of juvenile law before, during, and after legal proceedings. This includes but is not limited to the following,

• Education Law & Student Rights
• School Disciplinary Actions
• Suspension & Expulsions
• Juvenile DUI & OWI Charges
• Juvenile Shoplifting
• Juvenile Drug Offenses
• Juvenile Assault Crimes
• Juvenile Sex Offenses
• Sealing & Expungement of Juvenile Records
• Juvenile Delinquency Cases
• Status Offenses
• Tobacco & Vaping Offenses
• Appeals in Juvenile Cases
• Juvenile Misdemeanor Offenses
• Juvenile Felony Charges
• Status Offenses
• Traffic Offenses for Minors

What is a Juvenile Defense Attorney?

A Juvenile Defense Attorney is a legal professional who specializes in representing minors who are accused of committing offenses or are involved in juvenile delinquency proceedings. In Michigan, juvenile delinquency jurisdiction generally applies when the alleged offense was committed before the individual turned 18. These attorneys are well-versed in the specific laws, procedures, and courts that handle juvenile cases, which can differ significantly from the adult criminal justice system.

The role of a Juvenile Defense Attorney is multifaceted. They provide legal counsel to their young clients, aiming to protect their rights and ensure they receive fair treatment throughout the legal process.

This includes representing them during detention hearings, adjudication hearings (the juvenile court’s version of a trial), disposition hearings (sentencing), and any applicable appeals. These attorneys also work closely with their clients and the families to understand the circumstances leading to the legal issues and advocate for outcomes that focus on rehabilitation rather than punishment, recognizing the developmental differences between juveniles and adults.

Juvenile defense lawyers may collaborate with social workers, psychologists, and other professionals to address the underlying issues that contributed to the juvenile’s involvement in the legal system, such as substance abuse, mental health issues, or family problems. Their goal is not only to defend against the immediate charges but also to seek solutions that promote the long-term well-being and successful reintegration of the juvenile into society.

Michigan Juvenile Law

Michigan juvenile law is designed to address legal matters involving individuals under the age of 18. This legal framework focuses on rehabilitation rather than punishment, reflecting the belief that young people have a greater capacity for change and should be given opportunities for growth and improvement.

The juvenile justice system in Michigan operates under different principles and procedures than the adult criminal system, with a focus on protecting the welfare of minors and promoting their best interests. Here’s an overview of key aspects of Michigan juvenile law:

Jurisdiction – The Michigan juvenile justice system has jurisdiction over minors who are accused of violating criminal laws, as well as those who are deemed to be at risk due to neglect or abuse. The Family Division of the Circuit Court handles most juvenile matters, including delinquency, child protection, and status offenses (actions that are considered violations due to the individual’s status as a minor, such as truancy or running away from home).

Delinquency Proceedings – When a minor is accused of a crime, the case is typically referred to as a delinquency proceeding. The goal is to determine the most appropriate course of action that balances public safety with the rehabilitation needs of the minor. The process includes several stages, such as intake, petition, a plea or adjudicative hearing (trial), and disposition (sentencing). Disposition options range from home supervision and probation to placement in a juvenile detention facility or participation in community service and treatment programs.

Status Offenses – Status offenses are actions that are considered unlawful due to the individual’s age, including running away from home, incorrigibility, and truancy. The approach to these offenses is generally aimed at identifying and addressing the underlying issues leading to the behavior, with an emphasis on intervention and support rather than punitive measures.

Child Protection Proceedings – Cases involving allegations of abuse or neglect fall under child protection proceedings. These matters aim to ensure the safety and well-being of the child, with potential outcomes including the provision of services to support family reunification, placement with relatives, or, in some cases, termination of parental rights and adoption.

Diversion and Rehabilitation – Michigan places a strong emphasis on diversion and rehabilitation programs for juveniles, aiming to redirect minors from the juvenile justice system through community-based services, counseling, education, and other supportive measures. The intent is to prevent further involvement with the law by addressing the root causes of delinquent behavior.

Sealing and Expungement of Records – Recognizing the long-term impact that juvenile records can have on a minor’s future, Michigan law provides for setting aside certain juvenile adjudications under specific conditions. This helps limit the impact eligible juvenile adjudications may have on opportunities for education, employment, and other life prospects.

Legal Representation – Minors in the juvenile justice system have the right to legal representation. Juvenile defense attorneys play a critical role in advocating for the rights of young clients, ensuring fair treatment, and seeking outcomes that prioritize their long-term well-being.

Michigan’s juvenile law system is structured to reflect a balance between accountability and the understanding that children and teenagers have unique needs and potential for positive change. The system’s focus on rehabilitation, support, and protection aims to guide minors towards productive and responsible adulthood.

How Juvenile Cases Are Filed

In Michigan, a juvenile is classified as someone suspected of violating a criminal statute while they were under 18 years old. After law enforcement investigates the alleged offense, a prosecutor will review the facts/circumstances and decide whether this offense should go to court. For a delinquency case, the prosecutor must approve submission of the petition to the Family Division of the Circuit Court. The court then determines whether the petition should be authorized and placed on the formal calendar.

Before or during the early stages of the case, the Family Division may conduct a preliminary inquiry or preliminary hearing to determine how the matter should proceed. Possible outcomes include:
After the delinquency petition is filed the case is transferred to juvenile court which is a specialized part of family court. The young offenders are required to appear at juvenile court for an initial hearing. The possible outcomes at this initial hearing include:

Case dismissal / petition not authorized – For various reasons the case may be dismissed by the judge.

Proceed with formal charges – The court may authorize the petition and place the case on the formal calendar. This does not necessarily mean the case will go to trial; formal proceedings may ultimately involve a plea or an adjudicative trial.

Consent Calendar – The court may place an eligible case on the consent calendar rather than acquire formal jurisdiction. Placement generally requires agreement from the juvenile, the juvenile’s parent, guardian or legal custodian, and the prosecutor.

Juvenile Diversion – The juvenile may be diverted from formal court proceedings under the Juvenile Diversion Act. Diversion occurs instead of the court assuming formal jurisdiction and may involve services or conditions intended to address the juvenile’s needs and prevent further delinquency.

Criminal court – In some cases, juveniles can be tried as adults. Michigan law provides several procedures through which this can occur, including traditional waiver and automatic waiver proceedings for certain juveniles and offenses. This is one main reason why it’s vital to retain an experienced juvenile attorney to protect your child’s legal rights in court.

What Happens When a Juvenile Is Taken Into Custody?

When a juvenile is taken into custody in Michigan, law enforcement must generally attempt to notify the juvenile’s parent, guardian, or custodian. If immediate detention is not required, the juvenile may be released to a parent, guardian, or custodian who agrees in writing to bring the juvenile to court at a specified time.

If the juvenile remains in court custody, a preliminary hearing must generally begin within 24 hours, excluding Sundays and legal holidays, or the juvenile must be released. At that hearing, the court reviews the allegations and determines how the case should proceed, which can include dismissal, referral to diversion, placement on the consent calendar, or continuation of formal proceedings.

Possible Juvenile Dispositions (Outcomes)

Simply put, juvenile dispositions are the possible outcomes after a juvenile has been found responsible for an offense or otherwise comes within the court’s jurisdiction. This is similar to sentencing in the adult criminal system, although juvenile courts use different terminology and dispositional options. A judge will hold a disposition hearing to determine the appropriate outcome.

Before disposition, Michigan law generally requires a validated risk and needs assessment. The assessment is used to inform a written dispositional recommendation, which must consider factors including the least restrictive setting possible, public safety, victim interests, rehabilitation of the juvenile, and improved juvenile outcomes. The court must consider the assessment when making certain dispositional decisions.

Once the judge determines the appropriate outcome, the court enters an order of disposition setting out the terms and conditions imposed on the juvenile

Several types of juvenile dispositions include:

• Juvenile probation
• Community service
• Placement or supervision in the juvenile’s home
• Placement in foster care or another approved facility
• Placement in a secure juvenile facility when authorized by law
• Treatment or rehabilitative programs
• Electronic monitoring when ordered as a condition of supervision or probation
• Restitution

Juvenile Right To An Attorney

It’s important to note that even though juveniles are “underage,” they have important constitutional and statutory rights in delinquency proceedings. These include the right to remain silent and the right to an attorney. In Michigan, the court must advise a juvenile of the right to an attorney at each stage of formal delinquency proceedings.

Depending on the circumstances, the court may also be required to appoint an attorney for the juvenile, including when the juvenile and those responsible for their support cannot afford counsel, when a parent refuses or fails to participate, or when the court determines that appointment is required in the juvenile’s or public’s best interests.

It’s also important to note that parents should NOT give legal advice and act as an attorney for their child.

When a juvenile is arrested and/or charged with an offense, it should not be taken lightly. This should especially not be taken lightly because juveniles can be tried as adults in some circumstances under Michigan law. Therefore, it’s vital to obtain professional legal advice from a criminal defense lawyer that specializes in juvenile law.

Can Police Question a Juvenile Without a Parent Present in Michigan?

Yes. Michigan law does not generally require a parent or guardian to be present before police can question a juvenile. However, juveniles have constitutional protections during police questioning, including the right to remain silent and, during custodial interrogation, the right to be advised of their Miranda rights.

Whether a juvenile’s statement can later be used in court depends in part on whether it was made voluntarily. Michigan courts may consider factors such as the juvenile’s age, education, intelligence, prior experience with police, the length and nature of the questioning, and whether a parent, guardian, or custodian was present. The absence of a parent does not automatically make a juvenile’s statement inadmissible, but it can be relevant when a court evaluates the circumstances surrounding the interrogation.

If a juvenile is being questioned about an alleged offense, they have the right to remain silent and may request an attorney before answering questions.

Juvenile Offense Classifications

Civil Infraction – Civil infraction(s) are noncriminal violations for which civil sanctions may be ordered. Generally speaking, these citations carry penalties that do not include a jail sentence. One common example of a civil infraction is a traffic ticket.

Status Offenses – Status offenses involve conduct that would not be an offense if committed by an adult. In Michigan, common examples include running away from home, incorrigibility, and truancy.

Misdemeanors – In Michigan, misdemeanors are criminal offenses that are not classified as felonies. When a juvenile is accused of conduct that would be a misdemeanor if committed by an adult, the case is generally handled under the Juvenile Code, and juvenile dispositions differ from the adult jail penalties attached to the underlying offense. Common examples of juvenile misdemeanors include: drunk driving offenses, shoplifting, petty theft, non-felonious assault, certain drug offenses, etc.

Felonies – Juvenile felonies are more serious than misdemeanor charges. When a juvenile is charged with a felony offense, the case may be handled in the Family Division of the Circuit Court, but certain felony cases can proceed through designated or waiver procedures that may expose the juvenile to adult criminal proceedings or sentencing. Proper legal defense is absolutely vital for juveniles charged with a felony as they could face adult criminal penalties in certain cases. In Michigan, a felony generally means an offense punishable by more than one year of imprisonment or an offense specifically designated by law as a felony.

Juvenile Incorrigibility – In Michigan, incorrigibility refers to a juvenile under 18 years of age who is repeatedly disobedient to the reasonable and lawful commands of a parent, guardian, or custodian. The court must also find by clear and convincing evidence that court-accessed services are necessary. Conduct such as repeatedly running away from home, substance use, school-related misconduct, or other unlawful behavior may be relevant depending on the circumstances. When concerns involving incorrigibility arise, information may be provided to the Family Division of the Circuit Court, which can conduct a preliminary inquiry and determine whether further action is appropriate, including informal services, the consent calendar, or formal court proceedings.

Truancy – Under Michigan juvenile law, truancy can involve a juvenile willfully and repeatedly missing school or another learning program intended to meet the juvenile’s educational needs. The State of Michigan has rules regarding compulsory school attendance. Michigan law generally requires children to attend school from age 6 until age 18, subject to statutory exceptions. A child who is at least 16 may stop attending if their parent or legal guardian provides the school district with written notice giving permission to do so.

Juvenile Attorney For Probation Issues

Probation for juveniles involves court-ordered supervision subject to specific terms and conditions. Michigan courts may impose conditions designed to address the juvenile’s behavior and rehabilitation, which can include community service, treatment programs, electronic monitoring, and other requirements.

In cases involving juvenile probation violations, a sworn supplemental petition may be filed alleging that the juvenile violated a condition of probation. The court can then require the juvenile to appear for a hearing or, in some circumstances, order that the juvenile be apprehended and brought before the court for a detention hearing

If the juvenile admits the violation or the court finds that a probation violation occurred, the court may modify the existing probation order or impose another disposition available under Michigan juvenile law. This can include increasingly restrictive sanctions and, when legally authorized, out-of-home or secure placement.

The attorneys at our firm are highly experienced in juvenile probation issues and helping young offenders avoid incarceration.

Juvenile Records

Nobody’s perfect. An individual has most likely made bad decisions at some point in their lives. Bad decisions are even more common from teenagers. In most cases a teenage brain is not fully developed; as a result, many teenagers engage in risky behavior that often conflicts with the law. As passionate juvenile defense attorneys, we want to help ensure that a few bad decisions don’t follow a young offender around for the rest of their lives.

We are experienced with setting aside juvenile adjudications under Michigan law. Michigan provides both an application-based set-aside process for eligible adjudications and an automatic set-aside process for many eligible juvenile adjudications. Beginning December 30, 2023, eligible juvenile adjudications are generally automatically set aside two years after court supervision ends or when the juvenile turns 18, whichever occurs later. Certain offenses are excluded from automatic set-aside eligibility.

When an adjudication is set aside, the individual is generally considered not to have been previously adjudicated, subject to exceptions under Michigan law. The Michigan State Police also retains a nonpublic record of set-aside adjudications for certain authorized purposes.

Who’s Considered a Juvenile Under Michigan Law?

A “juvenile” under Michigan law generally means a person under 18 who is the subject of a delinquency petition. The juvenile justice system handles allegations that a young person committed conduct that would constitute an offense if committed by an adult, subject to exceptions for certain cases that may proceed through adult or designated proceedings. In some cases, the Family Division can also continue exercising jurisdiction after the juvenile turns 18.

Michigan’s Juvenile Code expressly defines a juvenile, beginning October 1, 2021, as a person less than 18 years old who is the subject of a delinquency petition. It also allows continuing juvenile-court jurisdiction beyond age 18 in certain circumstances.

Who’s Considered a Minor Under Michigan Law?

A “minor” is generally considered to be anyone under the age of 18, across various contexts, not just in criminal law. Under Michigan’s Age of Majority Act, a person generally becomes an adult of legal age at 18, subject to exceptions provided elsewhere in Michigan law.

This definition applies to a broad range of legal areas, including but not limited to, consent laws, contract law, and certain rights and responsibilities. For example, individuals under 18 may have restrictions on their ability to enter into legally binding contracts, consent to medical treatment without parental involvement, and work in certain types of employment or work hours, although Michigan law provides exceptions in some circumstances, including for certain types of medical treatment and emancipated minors.

The term “minor” is more encompassing and can be used in both civil and criminal law contexts, whereas “juvenile” is specifically used within the juvenile justice system to address the treatment and handling of young individuals who have committed offenses or are accused of such.

Our Juvenile Defense Attorneys

Attorney Michael Kelly’s approach to juvenile defense transcends the conventional attorney-client relationship, transforming legal representation into a personal commitment to each client’s success and well-being. From your first introduction to the concluding moments of your legal journey, Michael Kelly is more than just your lawyer; he’s your staunch ally, guiding you through every challenge with a blend of compassion and legal acumen.

At Kelly & Kelly, P.C., our defense team, led by Michael, brings an unparalleled level of expertise and dedication to a diverse clientele, including professionals from all walks of life and, most importantly, young individuals facing legal challenges. Michael’s philosophy is simple yet profound: transform a negative into a positive, accelerate through the process, and achieve meaningful results. This goal-oriented approach ensures that every client receives tailored, impactful legal representation.

Michael’s credentials speak volumes about his dedication and expertise. A proud alumnus of the University of Detroit Mercy School of Law and Michigan State University, his legal prowess is matched by his commitment to the community, as evidenced by his active involvement in various associations and his selection to Super Lawyers Rising Stars each year from 2019 through 2026. His accolades, including the Top 10 Under 40 for Criminal Defense in Michigan and consistent Client’s Choice awards from Avvo.com, highlight his excellence in legal representation and client satisfaction.

With an impressive track record of speaking engagements, publications, and media appearances, Michael Kelly is not only recognized as a leading voice in juvenile defense but also as a compassionate advocate for youth navigating the complexities of the legal system. His work with students, parents, and educators on the collateral consequences of criminal behavior demonstrates his deep understanding of the challenges faced by young individuals today.

Choosing Michael Kelly as your juvenile defense attorney means entrusting your case to a professional who sees beyond the courtroom. Known as the firm’s “Road Warrior,” Michael’s readiness to support Michigan families, regardless of their location, underscores his commitment to accessible, comprehensive legal defense for all.