Juvenile Criminal Defense Lawyer in Memphis
Over 35 Years of Criminal Defense Experience for Your Child
It can be overwhelming and emotional when your child (under age 18) is charged with a crime. A juvenile defense attorney in Memphis can provide guidance before a child makes statements, signs documents, or appears at an early hearing. A delinquency allegation may involve detention decisions, court hearings, non-judicial dispositions, adjudication, and, in some cases, transfer proceedings.
Some nonviolent juvenile cases may be resolved through a non-judicial disposition involving counselors. More serious allegations can lead to juvenile custody, possible adult-court exposure, loss of driving privileges, and other collateral consequences.
Call (901) 878-5434 for a free case evaluation about your child’s charge, detention, or transfer risk.
When Will a Child Be Charged as an Adult in Tennessee?
In Tennessee, whether a child may be transferred for adult prosecution depends on the child’s age, the alleged offense, and the facts of the case. Tennessee law includes age- and offense-specific transfer categories for certain allegations, including homicide, rape, robbery, aggravated burglary, kidnapping, carjacking, firearm theft, and other offenses. The applicable transfer standard and scope of the juvenile court’s discretion vary by age and alleged offense. A transfer isn’t automatic simply because an allegation is serious.
Before a transfer, the juvenile court must hold a hearing and provide written notice to the child and parent or custodian. The court considers issues such as probable cause, whether the child is committable to an institution for people with intellectual disabilities or mental illness, and the interests of the community. Prior delinquency history, prior treatment efforts, the nature of the allegation, rehabilitation prospects, gang-related conduct, and a history of trauma or abuse can also matter. A transfer can affect the juvenile court’s jurisdiction over pending and later delinquent acts, so parents should seek legal guidance promptly when adult-court exposure is raised.
Juvenile Defense Matters We Can Evaluate
Our team evaluates juvenile delinquency matters at every stage, from a detention hearing through adjudication and disposition. We explain the immediate court process and identify the issues that may require attention in a child’s case.
We can evaluate concerns involving:
- Detention And Release: Whether a child is being held in juvenile custody and the legal issues affecting release before adjudication.
- Delinquency Allegations: Theft, vandalism, assault, weapons allegations, drug offenses, property offenses, and other alleged delinquent acts.
- Non-Judicial Dispositions And Diversion: Whether a non-judicial disposition or diversion option may be available under the facts and court requirements.
- Transfer Proceedings: Whether the State seeks to move a case from Tennessee juvenile court to adult criminal court.
In Shelby County Juvenile Court, the process may differ depending on whether a petition is pending, the child is detained, or the matter is being considered for a non-judicial disposition. We review the allegation, custody status, and available procedures to determine which issues require immediate attention.
Juvenile Records, Sealing & Expungement
A juvenile allegation shouldn’t define a child’s future. Juvenile records are governed by confidentiality and access rules that can vary by record type and case circumstances. A juvenile adjudication is not the same as an adult conviction, but parents shouldn’t assume a record is automatically sealed or erased.
Tennessee provides procedures for expungement or destruction of certain juvenile records in qualifying circumstances, including some dismissed proceedings and matters involving successful completion of requirements. Eligibility requires a case-specific review. We assess the record-related concerns connected to a pending case and discuss the available legal options.
Trial-Ready Defense for Juvenile Cases
Our team of investigators, paralegals, and criminal defense lawyers works on juvenile matters involving detention, adjudication, record concerns, and possible transfer to adult court. We work to seek juvenile release before adjudication, address record-related consequences, and challenge efforts to transfer a child for adult prosecution when the facts and law support doing so.
At Ferguson McNeil Law Firm, P.A., our lead attorney is certified in Criminal Trial Advocacy by the National Board of Trial Advocacy and holds an AV Preeminent® rating from Martindale-Hubbell®. Our firm brings over 35 years of criminal defense experience and prepares serious cases with trial in mind.
We offer free case evaluations. Se Habla Español. You can speak with our team about a child’s charge, detention hearing, transfer risk, or juvenile record concerns before deciding how to proceed.
Call (901) 878-5434 to speak with a juvenile criminal defense attorney in Memphis.
We take the time to answer all your questions, explain your options, and ensure that your rights are protected every step of the way.
Blog & FAQ Stay Updated
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Will I Go to Trial?Depending on your case and the way that your attorney approaches the case. If you and your attorney are able to reach a resolution through negotiations before trial, that you may not have to go to court. But if a remedy cannot be reached than you will have to go to trial. There are times that a case is dismissed before trial so there is a chance that your will not have to appear in court.
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The Police Are Asking to Search My Car. Should I Let Them?No. As a U.S. citizen, you have rights to protection from unlawful search and seizure, which means that officials must have your consent or a warrant in order to search your person as well as places such as your car, home, or office.
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The Police Officer Says That It Will Go Better for Me if I Confess. Should I?No. It is true that a deal may be worked out in exchange for a guilty plea in some cases; however, it is also important to know that police officers can lie to you in order to elicit information or a confession. With this being said, it is crucial that you do not confess or deny anything until you can speak with a legal representative.
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