Some juveniles end up in trouble with the law. It may happen because a minor is under a court order and violates it. If law enforcement suspects this is the case, the juvenile may become subject to a violation hearing.
If you have a child caught up in this situation, you should know that your child has rights. The state of Mississippi describes several due process rights that your child can exercise prior to and during the violation hearing.
The right to know the charges
You and your child should understand what the state is charging your child with. The state must serve the charges in writing to your child in a reasonable amount of time before the hearing. If the case does advance to a hearing, your child should receive an explanation about how the hearing will proceed.
The right to legal counsel
A common right of adults accused of a crime is to have a defense attorney. Juveniles are not an exception. Your child has the right to an attorney for legal advice and to defend against the charges in court.
Rights in court
Your child has different rights during the hearing. If the opposition presents witnesses, the defense attorney for your child may confront them. In turn, the attorney can present witnesses that support the defense of your child. Your child also has an entitlement to a record or transcript of the court proceedings.
The right to appeal
It is possible the outcome in court does not go as you wish. However, this is not necessarily the end of the process. Your child has the right of appeal to the proper court, which may overturn the lower court decision.
These due process rights are essential. If the state impedes the ability of your child to exercise due process rights, it could invalidate any punishments the juvenile legal system attempts to impose on your child.
