One minute you’re finishing up chores around the house, the next you find out that your child has been arrested for a drug crime. While this news is probably a shock to your system, acting fast and hiring an experienced juvenile crimes attorney is undoubtedly the next best step. However, while you wait for what’s next, here is some helpful information you need to know.
Minimal Evidence Is Required to Make an Arrest
When an officer makes an arrest, he must establish probable cause to do so (if he doesn’t establish probable cause, the arrest is illegal). The definition of probable cause means having “reasonable grounds” to do something.
Therefore, a cop only needs to establish reasonable grounds to arrest someone. This means your child was arrested on only enough evidence to suspect that they may have committed a crime (again, assuming the officer established probable cause, something The ABT Law Firm can investigate).
However, having enough evidence to arrest someone is vastly different from having enough evidence to prove that someone committed a crime beyond a reasonable doubt.
Convictions Require Evidence that Is Beyond a Reasonable Doubt
While arrests only require probable cause, convictions require evidence that is beyond a reasonable doubt.
Beyond a reasonable doubt means the evidence is so convincing that there is no reason to doubt that the accused committed the crime.
As an experienced criminal defense firm, we have seen hundreds of cases where officers had enough evidence to make arrests, but there was nowhere near enough evidence to turn those arrests into convictions.
Therefore, your child’s arrest hardly means they will be convicted for the charge or charges made against them. This is especially true when you have experienced representation on your side.
Georgia Has No Minimum Age Requirement for Prosecution
Unfortunately, in Georgia, your child’s age is not an automatic defense for his or her actions. This reality stems from the fact that Georgia has no minimum age requirement for legal prosecution.
This means that Georgia authorities can choose to prosecute any child for any crime if they have the appropriate evidence.
However, just because prosecutors can choose to prosecute, that doesn’t mean they will. It can be argued that your child isn’t culpable for the charge made against them because they were too young to understand the repercussions of their actions.
The ABT Law Firm can make this defense against the prosecution on your behalf.
You Should Have a Lawyer at Your Child’s Arraignment
An arraignment is the first hearing your child will face if the state wishes to prosecute based on the evidence given by the arresting officer. During the arraignment, the judge will ask your child to “admit to” or “deny” the charge or charges made against him or her.
A knowledgeable and trusted juvenile defense attorney can answer this question on your child’s behalf, protecting them from having to speak in front of the court at that time.
The ABT Law Firm Is Ready to Help
If your child is facing drug charges or other criminal charges, The ABT Law Firm is ready to defend their rights. Our award-winning defense could be the difference in your child’s case, as we have helped thousands of clients through their criminal proceedings. If you’re ready to discuss your case, we’re to listen.
Call (678) 582-2272 now for a free consultation concerning your child’s case.