CHILDREN'S DEFENSE TEAM
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Frequently Asked Questions
What is the Center for Children’s Defense?
The Center for Children’s Defense is an independent 501(c)3
that provides legal representation to children who
are involved in the juvenile justice system. The Center for Children’s
Defense serves Mecklenburg County as the court appointed public defender
for children between the ages of 6 and 16 who have been accused of
committing criminal offenses. These offenses can range from larceny
to breaking and entering. The Center also represents every child in
Mecklenburg County who has been committed to a psychiatric hospital
or locked facility, either voluntarily or involuntarily, due to mental
health issues such as depression, substance abuse, oppositional behavior,
and suicidal ideation. In addition, The Center for
Children’s
Defense plays an active part in Mecklenburg County’s Youth Treatment
Court. Any time a child is at risk of having their
freedom taken from them, The Center is appointed to ensure that they
understand what is happening to them and to give them a voice in the
course of their legal representation. For many of these children,
this is perhaps the first time that an adult has taken the time to
listen to them, that they have had the consequences of their actions explained to
them, and have been given the opportunity to make the decisions which will
forever affect their lives.
Who are the children you serve?
Any child who is between the ages of 6 and 16 and who
resides in Mecklenburg County.
Why do children involved in the juvenile justice system
need the Center for Children’s Defense?
Any accused person has legal rights, including the
right to an attorney. These rights are protected by
the United States Constitution and other State and
Federal laws. For the most part, children are powerless:
they are not in a position to effectively articulate
their needs, confront systems that may pose a threat
to them, or create strategies to find solutions to
their problems, legal or otherwise. The Center for
Children’s Defense serves the express interests
of children involved in the juvenile justice system
and helps navigate them through what is often a confusing
and intimidating legal process.
What is the difference between the work of a Center
for Children’s Defense attorney and an advocate
from the Council for Children’s Rights?
The difference is this: An attorney represents the
child’s express interests in court (giving the
child information about his-her offense and possible
outcome and then allowing him-her to make the final
decision about what will happen). An Advocate represents
the child’s best interests in court (a process
of gathering facts through available resources and
making recommendations to the court, regardless of
whether the child agrees with the recommendations or
not). It is not the role of an attorney or an advocate
to “get the child out of trouble.” Their
roles are to ensure that a child’s rights are
upheld during the legal process.
What is the difference between juvenile and adult
court?
Adult court, in most cases, is focused on deterrence
and punishment. The purpose of juvenile court is to
identify the underlying issues which cause delinquent
behavior and provide possible interventions to address
and treat these issues.
My child has been accused of a crime. What happens
next?
There will be an investigation. If the police want
to talk with your child, ask to have an attorney present
and do not waive the child’s right to remain
silent. Give us a call. Remember that anything that
is said will be used against your child in the courtroom.
The earlier we get involved, the earlier that we can
begin protecting your child’s rights.
After the investigation is completed, law enforcement
will turn over their information to the District Attorney
for review. The District Attorney’s office will
then turn the paperwork over to the Department of Juvenile
Justice (DJJ). DJJ has 15 days to make a decision about
whether to divert the child to services in the community
or to send the case to court. They will contact you
to talk with you and your child. Show them any positive
information to help them make the decision. You want
to avoid your child’s case going to court if
at all possible.
If DJJ sends the case to court, your child will either
be locked up or given conditions to follow pending
the court date. Please contact our office as soon as
possible before the court date to make an appointment.
It is very important that we speak to the child client
to gather information and answer questions. This process
may take some time. Be patient with the professionals
involved. Have your child wear a collared shirt and
slacks to court. A neat and professional appearance
will make a difference in the courtroom.
What is the Center for Children’s Defense’s
greatest challenge?
The Center’s greatest challenge is dealing with
both the public and systemic perceptions that the children
who engage in delinquent behavior are “bad”, “throwaways”, “thugs”,
or “little criminals.” The Center is responsible
for ensuring that these children are not victimized
by the system, and that they are eventually given the
autonomy to decide which path they will choose for
their lives. The Center’s hope is that once a
child’s legal involvement is resolved, they will
have the ability to soar above their circumstances. |
