PRACTICE AREAS
Juvenile Law
Domestic Violence

Practice Areas: Juvenile Law Attorney

• Juvenile Criminal Offenses

• Juvenile Sex Offenses

• Juvenile Relief from Sex Offender Registration

• School Discipline

Juvenile Criminal Offenses

Juveniles as young as twelve (and in some instances, younger than twelve) can be detained, arrested for and charged with crimes just as an adult can be charged. A common misconception is that a parent has a right to notification prior to arrest or investigation; this is not the case.  Another common misconception is that juvenile court authorities will be more lenient.  These assumptions of leniency can lead parents and youth to make mistakes in handling an arrest, interactions with law enforcement and the court process itself.  These mistakes usually involve the giving of incriminating statements and evidence that are later used to support and prove a serious criminal charge.

While it is true that relative to the adult criminal justice system, the juvenile justice system is not as punishment oriented. However, the juvenile justice system does impose punishment. Juveniles can be publicly charged, convicted, and incarcerated in a local detention facility or a state institution. The charge and conviction can remain open for public viewing and dissemination from a period of years to a lifetime.   The stigma of conviction alone can limit educational, social and employment opportunities.

The prosecutor's job is to prosecutor crimes that he or she thinks can be proven. It is not the police or prosecutor's role to bring the understanding, love and support of a parent to their job and they don't do so! Therefore, it is critical that a parent and youth immediately seek counsel to understand and protect their legal rights in juvenile criminal matters. 

The good news is that there are many dispositional alternatives available to youth, a juvenile still has a constitution right to a trial (albeit a trial by judge only), and many first time offenses carry a standard range called "local sanctions" which allows the judge to sentence within a range of penalties that include 0 to 12 months of community supervision (probation), 0 to 150 hours community service work, 0 to $500 fine and 0 to 30 days detention. 

Although "local sanctions" are not too harsh, all too often an attorney without experience in juvenile court matters, even attorneys who are criminal defense attorneys, will take on a juvenile court case and not have sufficient knowledge of the special aspects of juvenile justice to get the best results.  Just because your child is a juvenile in juvenile court, does not mean his or her case is simple or the results will not have big effects on his or her life.  Concerns regarding incarceration and impacts on education, jobs, social relations and a youth's own self-image and ambition are all factors in identifying the best path and result in a juvenile criminal mater.

Given that the future of a child is at stake, the goal should always be the best possible result, not just a satisfactory result.

          Juvenile Sex Offenses

Juvenile sex offenses are at the top of the most serious charges that are filed in juvenile court.  These charges can carry life altering, lifelong consequences. 

Unfortunately, in the eyes of our Washington State laws, a child himself can be charged with raping or molesting a child. Child molestation and child rape are based on the type of sexual contact between the children, the age of the youngest child and the number of months between the youngest child and the older child.  A child that is only 12 years old can be charged with child molestation or rape of a child and these types of sex offense charges are filed every day in Washington State.

It is fair for a parent to hope that the prosecutor will go easy on your child because he was only 12 or 13 years old.  However, age of your child alone will not automatically sway a prosecutor. The prosecutors charge 12 and 13 year olds with sex offenses regularly. Working in conjunction with you, your child and perhaps other experts, it is up to your child's attorney to identify the factors that lead to either a favorable negotiated resolution or that secure a win at trial.   Age can be one of those factors if presented correctly.

It does not matter that the alleged victim or his or her parents do not support criminal prosecution. This fact alone will not control a prosecutor's decision to dismiss or reduce a charge, but it is a factor that is considered by the prosecutor's office given the emotional and personal nature of a sex offense charge.

There are particular aspects of a sex offense charge that youth and his or her parents need to understand and negotiate their way through the juvenile court sex offense proceedings.  Parents need to understand how to identify when, who and how to obtain specialized evaluations and counseling. Parents also need to be prepared for extensive "conditions of release" and detention review issues.   The role of the "JPC" (juvenile probation counselor) should be explained and understood.  Aside from developing any possible defenses to the charge, these are critical other issues in juvenile sex offense cases and youth and their parents should always proceed with skilled private counsel if possible.

Liza Burke has represented kids charged with juvenile sex offenses such as indecent liberties, rape of a child, child molestation, assault with sexual motivation, communication with a minor for immoral purposes, luring and rape in Snohomish County Juvenile Court, Kitsap County Juvenile Court and King County Juvenile Court and the charges were most often Rape of a Child and Child Molestation.   Ms. Burke's clients have been youth coming from all types of communities including Mercer Island, Bellevue, Issaquah, Seattle, Bothell, Kenmore, Everett, Auburn, Kent and Bainbridge and most of her clients who have been charged with sex offenses are good kids planning to go to college. 

Ms. Burke works hard to ensure that her youth clients' futures remain intact and bright.

Juvenile Relief from Sex Offender Registration

Juveniles convicted of a sex offense are required by law to register with the county sheriff. In many instances, this is the extent of registration.  At a minimum, it can be personally troublesome to be a registered offender and an inconvenience as well.  At its worst, it can trigger flyers and an internet listing as a registered sex offender.

The good news is that the law provides an avenue for relief from registration.  Provided there has been no reoffense and the petitioner can prove that the purpose of future registration is no longer served by requiring ongoing registration, the court can relieve a person of the duty to register.  This is not an insurmountable burden, but it does require some preparation to ensure the petition to the court is solid and likely to succeed.

School Discipline

Students have a right to a public education and certain due process rights if the school attempts to take that right away.   Students also have an obligation to follow school rules and not disrupt the welfare or order of the school environment.  Kids are kids and teenagers are teenagers and they can make mistakes.  Parents and kids alike do not want educational opportunities curtailed because of a an alleged behavioral problem unrelated to academics.  Unfortunately, in this post-Columbine world, schools are quick to suspend and interrupt a student's education.

There are important due process rights that your child has.  If there is a long term suspension (suspensions over 10 days long) or expulsion, your child has a right to a hearing and certain prehearing rights.   The hearing does not take place in juvenile court or a court of law, but it is a hearing that must be conducted in compliance with the law. Unfortunately, school officials are not lawyers and often do not follow the law when suspending or expelling a student from school.  Most parents aren't lawyers either and are confused and overwhelmed by the expedited nature of the disciplinary process.

To assert your child's student rights, you must affirmatively request a hearing within very short timelines - 3 days for long term suspensions.  This is much different from having a conversation with the principal.  A common mistake for parents is to confuse this step with the  more formal administrative hearing authorized by law. This vital right to contest the suspension may be waived by a confused parent who fails to act quickly. 

A parent and student also have the right to demand and inspect prior to the hearing, the evidence that will be offered at the discipline hearing. This should be done in writing and delivered quickly to the right person at the school. Persistence in follow up is imperative as many schools do not prioritize these requests despite the law.

There are other rules that are required as part of "due process" for the student that should be asserted and understood.  Liza Burke helps parents and students understand and assert these rights.

One key determination to make is also whether the student is facing or may face a possible criminal charge in juvenile court. If so, it is important to consider that ANY statement your child may make in the course of defending himself/herself in the school disciplinary context may also be used against your child in a possible criminal proceeding.  Most parents do not want their child taken out of school, but have greater concern for a possible criminal proceeding. The latter can have its effects on school and future opportunities as well.  Liza Burke offers consultation and representation in this area and assists parents and students in identifying the most protective and effective strategies.