Attorney Peter A. Hahn
Hilton, Sindelar & Hahn
90 Bridge Street
Newton, Massachusetts 02458
617-431-1201
peter@hshmlaw.com
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Frequently Asked Questions
This section is provided for informational purposes only and is not intended as legal advice. Please consult an attorney before making any decisions that affect your legal rights and responsibilities.
This section is provided for informational purposes only and is not intended as legal advice. Please consult an attorney before making any decisions that affect your legal rights and responsibilities.
JUVENILE DELINQUENCY top
What ages does the Juvenile Court cover?
Most children ages 7 to 16 accused of committing a crime go to the Juvenile Court. Once a person turns 17, cases go to the District and Superior Courts for adults.
What is a clerk magistrate's hearing?
A clerk magistrate (or simply clerk) is a administrative court officer. Some cases go into the Juvenile Court to a clerk at a clerk's hearing prior to arraignment in front of a judge. The clerk decides whether or not the case merits going in front of the judge. Having a clerk's hearing is a great opportunity to prevent a charge from appearing on a child's juvenile record. Representation is extremely important at this stage.
Who has access to a juvenile's court record?
There are very few people who are supposed to have access to a person' s juvenile court record. Police and court personnel, such as probation officers, may access a juvenile record. There are a few limited others who may apply to get a copy of the record for employment purposes. Examples are companies and governmental agencies that work with children. No one else should have access to the record. However, this information does get disclosed to people who should not have access.
Juvenile records cannot be expunged (or permanently closed) in Massachusetts.
I heard that delinquency involvement has other consequences. What can happen?
A lot of people are surprised to find out that juvenile delinquency cases have a number of collateral consequences. Schools may suspend or expel students. Driver's licenses and permits may be suspended or revoked, and driving eligibility may be delayed. There could also be immigration consequences.
SPECIAL EDUCATION top
How is a child found eligible for special education?
Every parent has the right to request that a school evaluate a child for a disability that necessitates special education services. Parents may also get an independent evaluation to be considered in determining eligibility. The school hosts an eligibility meeting with parents and school personnel to decide if the child has one or more disabilities that require special education services and accommodations.
What should parents do if they do not agree with the special education services or placement provided by the school?
Contact an attorney or advocate immediately for advice on the appropriate services and school program based on the circumstances of your child.
STUDENT DISCIPLINE top
May a school suspend or expel my child just for having a delinquency case in Juvenile Court?
Depending on the circumstances a school may attempt to exclude a student from school based on Juvenile Court involvement. Families are entitled to a hearing and should have an attorney present.
CHINS top
May a judge put my child in DSS custody on a CHINS?
There is the real possibility that a child could be placed in the temporary custody of the Department of Social Services and taken out of the home while a CHINS case is open.
DSS INVESTIGATIONS top
Will DSS think I have something to hide if I have an attorney?
No. Investigative social workers for the Department of Social Services experience attorneys during the investigative process all the time. Having an attorney is necessary to navigate you through the delicate process and protect you and your family.
CRIMINAL top
Because of her disability, my child does not understand why she is accused of a crime. How do you deal with this?
Disabilities and mental health issues may be grounds for dismissing a case or mitigating the consequences of a person's actions.
What ages does the Juvenile Court cover?
Most children ages 7 to 16 accused of committing a crime go to the Juvenile Court. Once a person turns 17, cases go to the District and Superior Courts for adults.
What is a clerk magistrate's hearing?
A clerk magistrate (or simply clerk) is a administrative court officer. Some cases go into the Juvenile Court to a clerk at a clerk's hearing prior to arraignment in front of a judge. The clerk decides whether or not the case merits going in front of the judge. Having a clerk's hearing is a great opportunity to prevent a charge from appearing on a child's juvenile record. Representation is extremely important at this stage.
Who has access to a juvenile's court record?
There are very few people who are supposed to have access to a person' s juvenile court record. Police and court personnel, such as probation officers, may access a juvenile record. There are a few limited others who may apply to get a copy of the record for employment purposes. Examples are companies and governmental agencies that work with children. No one else should have access to the record. However, this information does get disclosed to people who should not have access.
Juvenile records cannot be expunged (or permanently closed) in Massachusetts.
I heard that delinquency involvement has other consequences. What can happen?
A lot of people are surprised to find out that juvenile delinquency cases have a number of collateral consequences. Schools may suspend or expel students. Driver's licenses and permits may be suspended or revoked, and driving eligibility may be delayed. There could also be immigration consequences.
SPECIAL EDUCATION top
How is a child found eligible for special education?
Every parent has the right to request that a school evaluate a child for a disability that necessitates special education services. Parents may also get an independent evaluation to be considered in determining eligibility. The school hosts an eligibility meeting with parents and school personnel to decide if the child has one or more disabilities that require special education services and accommodations.
What should parents do if they do not agree with the special education services or placement provided by the school?
Contact an attorney or advocate immediately for advice on the appropriate services and school program based on the circumstances of your child.
STUDENT DISCIPLINE top
May a school suspend or expel my child just for having a delinquency case in Juvenile Court?
Depending on the circumstances a school may attempt to exclude a student from school based on Juvenile Court involvement. Families are entitled to a hearing and should have an attorney present.
CHINS top
May a judge put my child in DSS custody on a CHINS?
There is the real possibility that a child could be placed in the temporary custody of the Department of Social Services and taken out of the home while a CHINS case is open.
DSS INVESTIGATIONS top
Will DSS think I have something to hide if I have an attorney?
No. Investigative social workers for the Department of Social Services experience attorneys during the investigative process all the time. Having an attorney is necessary to navigate you through the delicate process and protect you and your family.
CRIMINAL top
Because of her disability, my child does not understand why she is accused of a crime. How do you deal with this?
Disabilities and mental health issues may be grounds for dismissing a case or mitigating the consequences of a person's actions.
Copyright . Peter A. Hahn. All rights reserved.
