Top Five Juvenile Myths

1. The police talked to my daughter about her involvement in a crime they're investigating. They didn't give her a ticket or a court date. We haven't heard anything in over a month and I think it's just going to go away.

You should consult a lawyer immediately, preferably prior to the time your daughter speaks with any member of law enforcement. As with any profession, a criminal investigation is a process. The investigating officer contacts witnesses, gathers evidence, prepares reports, and forwards a generally complete package to the District Attorney's Office for review. While a simple battery on the playground can be investigated and reported fairly quickly, a rape investigation may take months, possibly even years, before a charging decision is made.

2. My child's record will be sealed after he turns 18.

This is probably the most common misconception out there surrounding juveniles and the impact of a case on their future. When your child was arrested, a record was likely created. If your child went on diversion, entered a plea agreement, or even tried the case to an acquittal, there is still a "record" associated with the case. You should seek an "expungement" of the arrest, diversion, adjudication, or even dismissal as soon as possible under Kansas law.

3. They can't put me in jail since I'm a juvenile.

The Johnson County Juvenile Detention Center is located just northwest of the Johnson County Courthouse, housing up to 70 juveniles at any given point. The population generally consists of three categories of youths: children being held in custody pending trial due to a judicial determination that the release of the child would not be in the best interest of the child or community; children who have had their probation revoked and are serving "Sanction House" time (up to 28 days in custody for each time a probation is revoked); or children awaiting further disposition of their cases after repeated efforts at placement have failed.

4. I'm almost 18, they can't do anything to me.

This is often the most dangerous false belief. Depending upon the nature of the offense (misdemeanor/felony, person vs. non-person felony, etc.) and the prior criminal history of the juvenile, the fact that you're either approaching 18 or beyond it may be a significant factor in how the D.A. decides to prosecute your case. In nearly every case, the State can seek to prosecute a juvenile as an adult, in the adult system, with adult consequences. This course is generally reserved for serious crimes, or for those juveniles with a significant criminal history prior to the current charge.

5. It's just an MIP, big deal.

Many attorneys used to take this approach to minors with alcohol charges as well. Plead guilty, pay a statutory $200.00 fine, and send the child home with the parents without any probation or additional consequences. An amendment to the MIP statute several years ago made this course an unwise choice in most cases. A guilty plea or finding at trial on an MIP charge can result in a 30 day license suspension for first time offenders (90 for second, 180 for third). As if this weren't enough, the suspension is through the Kansas Department of Revenue, Driver Control. It shows as an alcohol-related, administrative suspension, frequently causing insurance companies to either drop the youth from coverage, or significantly increase the premiums, even though the crime did not involve a motor vehicle.