Few moments are more frightening for a parent than getting a phone call that their child has been arrested. For most families, this is completely unfamiliar territory. Questions start racing through your mind. Where is my kid? Will they have a criminal record? Do they have to stay in detention? What happens next?
The good news is that juvenile cases are handled differently than adult criminal cases in Arkansas. While the situation is serious, an arrest does not automatically mean your child is headed down a path of lifelong consequences. Understanding what comes next can help you make informed decisions and avoid mistakes during an already stressful time.
My kid got arrested - where are they now?
After a juvenile is taken into custody, law enforcement will contact a juvenile intake officer who decides whether the child can be released to a parent or guardian or whether they should be held in a juvenile detention facility. Arkansas law requires law enforcement officers to make reasonable efforts to notify a parent, guardian, or custodian when a juvenile is taken into custody. A.C.A. § 9-35-409.
In many cases, particularly for first-time or less serious offenses, a child may be released relatively quickly. In other situations, a juvenile intake officer may determine that the juvenile must be detained and go before a judge for a release decision. If your child is being held, a detention hearing must be held as soon as possible, but no later than 72 hours after they were arrested. At that hearing, the court will inform the juvenile of their rights and decide whether your child should remain in detention while the case moves forward. A.C.A. § 9-35-420.
To decide whether to release a juvenile, the judge considers various factors such as prior juvenile or criminal records, family history, school attendance, the nature of the allegations, the juvenile’s reputation and character, or any factors that would impact the judge’s decision.
Will my child be charged with a crime?
Depending on the nature of the allegations, a juvenile may be charged in one of three ways. When the allegations are serious or violent, a case may be filed in the criminal division of the circuit court, where the juvenile is charged as an adult and is exposed to potential prison time. If the case is filed in the juvenile division, it may be designated as an extended juvenile jurisdiction (EJJ) case or filed as a juvenile case. A juvenile under EJJ designation has the right to a jury trial but is also exposed to potential prison time, both of which do not occur in true juvenile cases.
The process in juvenile court is different from adult criminal court, and the terms are different. For example, instead of a trial, the case is set for an adjudication hearing. Instead of a sentencing hearing, a disposition hearing is held to determine the consequences.
Rather than filing a felony information, which is how criminal charges are initiated in Arkansas, juvenile cases begin with a delinquency petition. This document alleges that the juvenile committed an act that would be considered a crime if committed by an adult. Juvenile delinquency proceedings are governed by the Arkansas Juvenile Code. See A.C.A. § 9-35-401, et. seq.
Just because a petition is filed does not mean your child did what they have been accused of. Although there are no jury trials in juvenile court, your child has the right to have an adjudication hearing where a judge will determine whether the evidence supports the allegations against the juvenile. Juveniles also maintain other important legal rights, including the right to counsel, the right to remain silent, the right to have a parent or guardian present, and the right to confront witnesses against him or her.
What happens at juvenile court?
Most juvenile cases involve several court appearances. One of the first hearings is often an initial appearance, where the judge explains the allegations and discusses what will happen next. For many parents, this is the first time they've ever stepped inside a courtroom. It's normal to feel overwhelmed. Don’t be afraid to ask questions if you don’t understand what happened in court or what you should do next.
During the early stages of the case, the court may address:
Whether your child will remain in detention.
Future court dates.
Conditions your child must follow while the case is pending.
Legal representation for your child.
Showing up prepared and taking every court date seriously can make a significant difference. Consider keeping a folder with all court notices, petitions, and other important documents regarding your child’s case.
Will there be a trial for my child? If the case is not resolved beforehand, the court may hold what's known as an adjudication hearing. Think of this as the juvenile court version of a trial.
The prosecutor presents evidence and witnesses, and your child's attorney has the opportunity to challenge that evidence and present a defense. After hearing the evidence, the judge decides whether the allegations have been proven.
If they have not, the judge may determine that the allegations are not true, and your child is not delinquent (not guilty).
If the allegations are proven true, the court will set a disposition hearing to determine what consequences, if any, are appropriate. The court will order something called a SAVRY assessment, where the child and parents/guardians will speak to a probation officer who will generate a report that gives disposition recommendations to the judge.
What happens if my kid is found delinquent?
Many parents assume that a juvenile court finding automatically means detention or incarceration, but that is often not the case.
Arkansas juvenile courts have a wide range of options available, many of which are designed to help young people learn from mistakes and get back on track. The court's options, which are called “dispositional alternatives”, are outlined in Ark. Code Ann. § 9-35-423.
Depending on the circumstances, the court may order:
Probation.
Up to 90 days in a juvenile detention facility.
Community service.
Counseling.
Substance abuse treatment.
Educational programs.
Restitution.
Electronic monitoring.
Placement programs.
In more serious cases, commitment to the Division of Youth Services.
Every case is different, and outcomes often depend on the child's history, the nature of the allegations, and the facts surrounding the incident.
Will this affect my kid’s future? This is usually the question parents ask first. The answer depends on many factors, including the offense involved, how the case is filed, and how the case is ultimately resolved.
Juvenile records are typically confidential with few exceptions. They can, however, still affect your child’s future in a number of ways. Juvenile records may be used to enhance penalties for future criminal cases, or they may affect school enrollment if there are allegations involving guns or violence. If a juvenile is adjudicated delinquent on a felony involving violence, the records are maintained for ten years. All other records of delinquency adjudications are expunged when the person turns 21. Early legal guidance can often help families better understand their options and work toward the best possible outcome.
What should I do to help my kid?
If your child has been arrested, try to remain calm and focus on gathering information. Find out where your child is being held, when the next court hearing is scheduled, and what they are being accused of doing. It is also important to remember that anything your child says to law enforcement may be used as evidence later in court. Neither you nor your child should speak with law enforcement without an attorney.
Keep in mind that the attorney appointed or hired to represent your child does not also represent you as the parent or guardian. Although a juvenile’s interests are often in line with the interests of his parents or guardians, this is not always the case. An attorney representing a juvenile is not obligated to respect the wishes of parents/guardians if they are adverse to the juvenile’s interests or if the juvenile simply does not want their attorney speaking to their parents.
Most importantly, remember that an arrest is not a conviction. One mistake, or even one accusation, does not define your child's future. Juvenile court can be scary, but an attorney experienced in handling juvenile cases can minimize the long-term consequences and help your kid navigate the legal process.
Need a lawyer for your kid’s juvenile delinquency case?
Here at ARlaw Partners, we are here to help Arkansas families navigate juvenile delinquency proceedings, understand their rights, and work toward solutions that protect a young person's future. If your child has been arrested or charged with a juvenile offense, contact ARlaw Partners today to schedule a consultation.
