What Happens If Your Child Is Arrested in Memphis, Tennessee?
Juvenile criminal cases in Memphis are tried at the Shelby County immature Court, which is uptown in the middle of Poplar and Adams Avenues. immature cases are not tried at the adult criminal court building down the street, although a immature case may be sent to adult court if the case is serious enough.
What Happens If Your Child Is Arrested in Memphis, Tennessee?
Once you and your child have been given a date to go to immature Court, the case may walk in one of several ways. Less serious misdemeanor offenses may be referred to a Youth Services Bureau probation officer for recapitulate and disposal. The Youth Services Bureau is on the second floor of the immature Court building, and there are a estimate of probation officers there who cope cases. Youth Services has the authority and discretion to decree cases informally, though their office, without sending the case to a immature Court judge. This is called informal adjustment. At the adjustment hearing the child, parents and attorney will meet with the probation officer. The probation officer will recapitulate the case file, ask the child their version of the facts, and talk to the parents about the child's home life and school performance. If the Youth Services officer is satisfied that the child will stay out of trouble, he or she can dismiss the case and the fee stays off the child's record. But if the fee is more serious, or if the Youth Services officer feels the child needs more supervision, they will refer the case to a immature Court referee (essentially a judge).
Juvenile Court referees are authorized by Tennessee law to hear cases, accept negotiate pleas, weigh evidence and testimony, and guide trials. Essentially your child's case is now in court, before a judge, and will whether be tried or located through a plea. If the child pleads guilty to the charge, he or she must be informed of all their rights under the United States and Tennessee constitutions. If the child wishes to go to trial, they have the right to confront and cross survey the survey against them (through their attorney), testify in their own defense, and call their own witnesses.
What is the corollary of a guilty plea or a looking of guilt after trial? First of all, under Tennessee law the word "conviction" is not used toward juveniles. Juveniles are not convicted of crimes, they are found delinquent. This reflects a long-standing policy of criminal law that juveniles are treated dissimilar than adults, and that the stigma of a criminal conviction is to be avoided. Thus a immature who is ruled delinquent does not have the criminal fee on their record forever the way an adult who is convicted would. The fee is removed from the juvenile's record when he or she turns 18. However, the fee stays on the juvenile's record until then, and he or she will likely be located on probation for the same duration of time. For serious offenses the child may even be taken into state custody, and for unavoidable violent crimes the child may be bound over Shelby County Criminal Court to be tried as an adult. If a child is tried as an adult they may face a lengthy sentence and prison time.
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