Has your son or daughter been charged with a crime?

How we support your child if they are charged with an offence

Boomers, Generation X, Millennials and Generation Z – whichever generation you fall into, it’s clear that more and more parents are helping out their children well after they reach 18.

At Kingston Fox Lawyers, we are often contacted by parents looking for a lawyer to assist their child. As well as representing young people under the age of 18, our style and approach fits well with families looking for a more collaborative and inclusive approach to navigating through the criminal justice system.

How do we achieve this collaborative approach?

First things first, it’s important to understand that our instructions come from the client – that is the young person – even in circumstances where the young person’s parents or family are looking after the fees. This means that the young person first needs to give consent to their family members being privy to information about their court matter. 

Now this might mean that in some instances, the young person will be completely happy for their parents or other family to know everything about what’s going on, including their instructions. Other times, it might mean that the young person would like their family to be there for support but not necessarily know all the details about the alleged offence. When this is the case, what we will do is to make sure that parents and families understand the court process itself so that they are armed with some information to make going to court with their son or daughter, or other family member a little bit easier. 

Some of this information might include, what happens in court, what time to arrive, what to wear, explaining what is required in a character reference and assisting with affidavits and preparing to give evidence in court.  This goes for matters that are heard in the Children’s Court and in the Local and District Courts. Read more about going to court for the first time.

We will always be upfront about what information we can and can’t share with family members, so that there’s no confusion or upset. One thing we may suggest to the young person is that in court, family members may hear and become aware of details about the alleged offence that they may be shocked or surprised about, and that if family members are to be at court, that they know some of the detail of the evidence that might be spoken about in court. This is particularly important in significant court hearings likes bail, trial and sentencing where there is a chance that family, if they are not aware of the evidence may be caught off guard. Ultimately though, this is a decision for the client and no one else.

Criminal law usually includes sensitive or embarrassing topics, such as sex or drug usage. You should expect the lawyers and the young person to have conferences that don’t involve family members. Sometimes it’s best if these tricky topics are dealt with one-to-one to ensure frank and honest discussions. 

Communication is a huge factor in any lawyer/client relationship and this can be amplified where there are family members involved as well (even where the son or daughter is an adult). We ensure, as with all clients, that family members who we are authorised to speak to, are kept updated about court dates, court results and the general court process. 

Taking away the stress

Being charged with a criminal offence is stressful for the individual and their loved ones. It is a time of uncertainty and there are often huge decisions to be made about the future. Everyone is impacted by the process in some way. We strive to turn this difficult time into a positive process by giving support, guidance and clarity about the process. Read more about how we assist our clients.

Of course, some families don’t wish to know the details but want to provide financial support. This is also easily accommodated.

The criminal justice system, and the people that move through it, each have their own individual and specific circumstances. We have experience defending people of all ages, including young people in Children’s Court matters. With our experience and understanding, the team at Kingston Fox Lawyers are best suited to assist your family. 

This is general advice only and does not constitute legal advice.