My Child was arrested in North Carolina, what’s next?

In many aspects, the juvenile justice system resembles the adult criminal justice system. Juveniles have the same constitutional rights as adults, and the legal procedures are very comparable. “Delinquencies” refer to crimes committed by a juvenile (a person under the age of 17). The Family Division of Circuit Court deals with juvenile delinquent cases. When it comes to juvenile cases, parents are usually alerted by letter when their child must appear in Family Court for an initial hearing. 

Juveniles can be brought into custody and held with a “pick up order” in addition to being arrested while committing a crime (the equivalent of an arrest warrant issued for an adult).

Why is my child being held in custody?

Juveniles can be detained in custody for arraignment or sent home with a parent to await instructions in the mail, depending on the basis for their arrest and whether or not they will be charged. 

Juveniles under the age of 17 can be kept in the county jail while awaiting trial if the following conditions are met: 

It has been found that this is a criminal matter. 

The allegations are for a criminal offense; and 

There is reason to think the felony was committed by the youngster.

Before a juvenile can be held in county jail pending trial, the sheriff must approve it, and the youngster must be kept separate from adults who are being detained. We understand the anxieties and anxiety parents experience when their kid is taken into custody, and we understand your want to see their child as quickly as possible. To learn how we can assist you and your kid, contact our legal offices immediately for a free first consultation.

Will my child be tried as an adult?

The nature of the offense, any prior criminal history, psychological history, and other criteria specific to each case will determine whether or not your child will be tried as an adult. 

All juvenile matters are heard in Family Court, therefore if your child is under the age of 17 and the crime was not a severe or significant criminal, they will very certainly be tried as a juvenile. If your child is charged as an adult, the penalties will be more severe than if he or she is charged as a juvenile. Contact our juvenile offenses defense attorneys for quick assistance and vigorous legal counsel.

The Arraignment – What Happens in Court?

No matter how “small” you believe the offense is, have an attorney present when you and your child appear in court for the first time. The following are some of the events that occur in court, all of which should be attended by your child’s defense lawyer: 

The charges are clarified. When a defendant arrives in court, they are informed of the crime(s) they have been charged with, as well as the potential consequences they could face if convicted. 

The rights are read out loud. The defendant is either told or reads their constitutional rights, and they must sign a document acknowledging that they were provided and understood their rights.

There is a plea entered. The defendant will be questioned about how they intend to respond to the charges. A defendant has the option of pleading not guilty, guilty, or refusing to speak (which is entered as a plea of not guilty). Other forms of pleas exist, such as Cobbs and Killebrew Pleas, which are basically guilty pleas with stipulations. 

A bond has been formed. A person accused of a crime will be held in custody until a court sets a bond. Even if the person follows all of the terms of the bond, the cash or property used to pay the court bond money (bail) may not be returned in whole. 

The next court date has been established. The next court date is given to the defendant, or the court informs him or her that a notice of the next court date will be issued to him or her at a specific address.

What is the definition of a bond? What are the various types of bonds and bail conditions? 

A bond is a condition that allows a person to be freed on the condition that they return to court. Bail is frequently included in bonds (money the defendant has to pay to the court). If the defendant fails to comply with the terms of the bond or return to court, the court will keep the bail money and issue an arrest warrant. Bonds may include terms that the defendant must adhere to, such as not drinking or using drugs, not driving, and not contacting a victim, among others. 

There are four different kinds of bonds:

Bonds that are paid in cash. Before being released, a defendant may be compelled to pay the whole sum of their bond in cash. If the defendant shows up for all subsequent court dates, the majority, but not all, of the bond money is returned to the person who posted the bond. 

Bonds that are based on a percentage. To be released from jail, the offender must post a percentage of the total bond amount. The amount is usually as low as 10%, with the remaining 10% owed only if the offender fails to appear in court on their next scheduled date. 

Bonds of Personal Recognizance (“PR” bonds, or “signature bonds”). Only if the defendant or a third party fails to appear in court on their next court date are PR bonds required to be paid to the court.

Surety bonds are a type of surety bond. A surety bond is a guarantee given by a licensed bondsman that the defendant will appear in court when needed. The bondsman will be compelled to pay the full bail sum if the offender fails to appear in court. A professional bondsman costs the defendant a non-refundable percentage of the total bail sum for their services. 

What can you do to help my child avoid going to jail?

Our team at 123 Bail Bonding is committed to ensure that our community grows stronger daily. For juvenile clients we offer mentorship and coaching to keep them out of trouble. In certain cases we will offer mentorship to children that have yet to be arrested.

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