Juvenile Crime in New Hampshire: What a Criminal Defense Lawyer Wants You to Know

Understanding Juvenile Crime in New Hampshire: A Guide for Parents and Young People

Dealing with juvenile crime in New Hampshire can be a daunting experience, whether you're a parent facing concerns about your child or a young person navigating the complexities of the legal system. This article aims to provide a comprehensive overview of juvenile law in New Hampshire, offering practical advice and insights from a criminal defense lawyer's perspective.

What is Juvenile Delinquency in New Hampshire?

⚖️ In New Hampshire, a "juvenile" is generally defined as someone under the age of 18. When a juvenile commits an act that would be considered a crime if committed by an adult, it's considered juvenile delinquency. These acts can range from minor offenses like truancy or underage drinking to more serious crimes such as theft, assault, or drug offenses.

Key Differences Between Juvenile and Adult Court:

• 🔒 Focus on Rehabilitation: Juvenile court emphasizes rehabilitation and treatment rather than punishment. The goal is to help the young person become a productive member of society.
• 🛡️ Confidentiality: Juvenile records are generally confidential and not open to the public, although there are exceptions for certain serious offenses.
• 🤝 Informal Proceedings: Juvenile court proceedings are typically less formal than adult criminal trials.
• ❌ No Jury Trial: Juveniles generally do not have the right to a jury trial in New Hampshire.

The Juvenile Justice Process in New Hampshire

The juvenile justice process in New Hampshire typically involves the following steps:

1. Arrest or Referral: A juvenile may be arrested by law enforcement or referred to the juvenile court by a school, parent, or other concerned party.
2. Intake: The juvenile probation department conducts an intake assessment to determine whether the case should be formally processed in court. This may involve interviewing the juvenile, parents, and other relevant parties.
3. Petition: If the case is formally processed, a petition is filed with the court outlining the alleged delinquent act.
4. Adjudicatory Hearing: This is similar to a trial in adult court, where the court determines whether the juvenile committed the alleged offense. The juvenile has the right to an attorney, to present evidence, and to confront witnesses.
5. Dispositional Hearing: If the court finds that the juvenile committed the offense, a dispositional hearing is held to determine the appropriate consequences.

Possible Consequences of Juvenile Delinquency

❗The consequences of juvenile delinquency can vary depending on the severity of the offense, the juvenile's prior record, and other factors.

Possible dispositions may include:

• 📝 Probation: Supervised release with conditions such as curfews, drug testing, and community service.
• 🏛️ Restitution: Paying compensation to the victim for damages or losses.
• 👨‍🏫 Counseling or Therapy: Addressing underlying issues contributing to the delinquent behavior.
• 🏫 Educational Programs: Attending alternative schools or educational programs.
• 🏡 Placement Outside the Home: In more serious cases, the juvenile may be placed in a foster home, group home, or residential treatment facility.
• 🔒 Detention: Short-term confinement in a juvenile detention facility.
• 🏥 Youth Services Center (YSC): For the most serious offenses, a juvenile may be committed to the YSC, a secure facility for juvenile offenders.

Common Juvenile Offenses in New Hampshire

👮 Certain offenses are more commonly seen in juvenile court. These include:

• 🍻 Underage Alcohol Offenses: Possession, consumption, or purchase of alcohol by a minor.
• 🍁 Drug Offenses: Possession, use, or sale of drugs.
• 🛍️ Theft and Property Crimes: Shoplifting, vandalism, and burglary.
• 👊 Assault and Battery: Physical altercations and fights.
• 🏫 Truancy: Unexcused absences from school.
• 💻 Cybercrimes: Online harassment, cyberbullying, and hacking.

Expungement of Juvenile Records in New Hampshire

✨ One of the benefits of the juvenile justice system is the possibility of expunging (erasing) juvenile records. This can help prevent past mistakes from impacting future opportunities. In New Hampshire, a juvenile record can be expunged if the person meets certain criteria, including:

• ⌛ Age: The person must be at least 17 years old.
• ⏳ Waiting Period: A certain amount of time must have passed since the completion of the juvenile's sentence or disposition (typically 3-5 years).
• ✅ No Subsequent Offenses: The person must not have been convicted of any crimes since the juvenile offense.

Expunging a juvenile record can significantly improve a person's chances of getting a job, attending college, and securing housing. It's important to consult with an attorney to determine eligibility and navigate the expungement process.

Strategies for Defending Juvenile Crime Cases

A criminal defense lawyer can play a crucial role in defending a juvenile accused of a crime. Some common defense strategies include:

• 🔎 Challenging the Evidence: Examining the evidence presented by the prosecution to identify weaknesses or inconsistencies. This may involve challenging the legality of a search or seizure, questioning the reliability of witnesses, or disputing the chain of custody of evidence.
• ⚖️ Negotiating a Plea Agreement: Working with the prosecutor to negotiate a plea agreement that minimizes the consequences for the juvenile. This may involve pleading guilty to a lesser charge or agreeing to participate in a diversion program.
• 🧑‍⚖️ Presenting Mitigating Circumstances: Presenting evidence to the court that explains the juvenile's behavior and demonstrates their potential for rehabilitation. This may include evidence of the juvenile's family background, mental health issues, or academic performance.
• 🚫 Arguing for Dismissal: If there is insufficient evidence to prove the charges, the attorney may argue for dismissal of the case.

The Role of Parents in Juvenile Cases

👨‍👩‍👧‍👦 Parents play a vital role in the juvenile justice process. They have the right to be notified of court hearings and to participate in the proceedings. Parents can also provide valuable support and guidance to their child, helping them understand the legal process and make responsible choices.

Tips for Parents:

• 🗣️ Communicate with Your Child: Talk to your child about the situation and listen to their perspective.
• 🤝 Cooperate with Authorities: Work with the police, probation officers, and other officials involved in the case.
• 👨‍⚖️ Hire an Attorney: Consult with an attorney experienced in juvenile law to understand your child's rights and options.
• ❤️ Provide Support: Offer emotional support and encouragement to your child throughout the process.
• 🏫 Stay Involved in School: Monitor your child's attendance and academic performance.

Diversion Programs in New Hampshire

🤝 Diversion programs offer an alternative to formal court proceedings for juveniles who have committed minor offenses. These programs typically involve counseling, community service, and other rehabilitative activities. Successful completion of a diversion program can result in the dismissal of the charges.

Examples of Diversion Programs in New Hampshire:

• 🌱 Youth Court: A peer-based program where young people hear cases involving other juveniles and recommend appropriate sanctions.
• 🤝 Restorative Justice Programs: Programs that focus on repairing the harm caused by the offense and promoting reconciliation between the offender and the victim.
• 📚 Educational Programs: Programs that provide education and counseling on topics such as substance abuse, anger management, and conflict resolution.

Navigating the System: Practical Advice

🔑 Here's some practical advice for navigating the juvenile justice system in New Hampshire:

• 📞 Seek Legal Advice Immediately: If your child is arrested or accused of a crime, contact an attorney as soon as possible.
• 🤐 Do Not Speak to the Police Without an Attorney: Your child has the right to remain silent and the right to an attorney. Do not allow your child to be questioned by the police without an attorney present.
• 📝 Keep Records: Keep copies of all documents related to the case, including police reports, court orders, and correspondence.
• 📅 Attend All Court Hearings: It's important to attend all court hearings and be prepared to provide information to the court.
• 🤝 Be Proactive: Take steps to address any underlying issues that may have contributed to your child's behavior, such as substance abuse or mental health problems.

Potential Long-Term Consequences and How to Mitigate Them

Even with the focus on rehabilitation, juvenile offenses can have long-term consequences. These can include:

• 🎓 College Admissions: While juvenile records are generally confidential, some colleges may ask about past disciplinary actions.
• 💼 Employment: Certain jobs, particularly those involving law enforcement or working with children, may require background checks that reveal juvenile records (even if expunged in certain situations).
• 🛡️ Military Service: Military enlistment may be affected by a juvenile record.

Mitigation Strategies:

• 🥇 Expungement: As discussed earlier, expunging the record is the most effective way to minimize long-term consequences.
• 📜 Character References: Obtain letters of recommendation from teachers, coaches, or community leaders who can attest to the juvenile's positive character and rehabilitation.
• 🏆 Highlight Accomplishments: Emphasize any academic achievements, extracurricular activities, or volunteer work that demonstrate the juvenile's commitment to personal growth.
• 🗣️ Be Honest and Transparent: If asked about a juvenile record, be honest and transparent about what happened, but also emphasize the steps taken to learn from the mistake and become a responsible citizen.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.