PhillyTablet Inquirer Daily News
philly.com
email
font size
options
 
Monday, January 18, 2010

Attorney Sandra Simkins has accomplished much since her days as assistant chief of the juvenile unit at the Defender Association of Philadelphia, where she was respected as a tenacious advocate for children sucked into the abyss of the juvenile justice system.

Most of the worst fallout after a juvenile arrest, she learned while there, happened because a child had no legal representation - a situation that happens far more frequently in this country than you'd believe. In some states, 90 percent of children charged with a crime move through the entire judicial process without ever receiving legal advice.

Without access to a competent lawyer, an arrest can change a child's life forever.

Simkins left the Defender Association three years ago to join the faculty at Rutgers University, where she created the Children’s Justice Clinic and helped snag a coveted MacArthur Foundation grant to study the legal defense of indigent juveniles and.

Now, she has published her first book: When Kids Get Arrested: What Every Adult Should Know (Rutgers University Press, 2009). 

(Full disclosure: my name appears in the book's long list of acknowledgments. The inclusion is flattering, but unnecessary. All I did was provide encouragement, early on, when Simkins was considering whether to write this important book.)

When Kids Get Arrested is a manual that every parent, guardian or worried bystander ought to read, whether they think the child they love is headed for trouble or not. Because, Simkins knows from having defended thousands of children, even "good" kids can find themselves at the wrong place, at the wrong time, with the wrong people.

And if they  - and you - don’t know their rights before they open their mouths to speak to the police, the negative and often unwarranted consequences could last a lifetime.

And that's true no matter which tax bracket or Zip code a kid hails from, says Simkins, whose simple-to-read book is the first to explain, in clear detail, what can and/or will happen to a child from the moment he or she is detained to the time the case is resolved (and "resolved" doesn't always mean its impact is over).

Even if you're not inclined to buy the book, at least take five minutes to read here Simkins' "Top Ten Tips: What Every Adult Should Know to Protect A Child From the Juvenile Justice System."

You never know when you and your kid will need them.

1. Don't ever allow the police to question a child without a lawyer present.
2. Don't ever encourage a child to waive the right to a lawyer.
3. Juvenile records count: they do not disappear when a child turns 18.
4. Make sure you understand how the juvenile court deal will follow the child into the future. There are many long-term, hidden consequences of juvenile court involvement.
5. Children who get probation have not "beaten" the case. Assist your child in competing all the terms of probation as quickly as possible. And make sure you pay off all the restitution.
6. Be really worried if:
    a. The child is being sent to adult court - adult prison is not good for children.
    b. The child is charged with any type of sexual offense -  a cild labeled a sexual offender may be subject to  lifetime registration and civil commitment.
7. Stay in touch with children who are sent to a residential placement and ask questions to make sure they are safe.
8. Race matters: minority children are treated more harshly at every stage of the court process.
9. Avoid the juvenile justice system if you can - it has become much more punitive since the mid-1990s and is rarely a good solution to school problems, mental-health issues or a defiant daughter.
10. Talk to your child(ren) in advance about what to do in case they are stopped by police.

Posted by Ronnie Polaneczky @ 7:54 AM  Permalink | 14 comments
Comments   
  • 0 like this / 0 don't   •   Posted 11:10 AM, 01/18/2010
    I wonder if this article is the illegal practice of law........
    TripleCap
  • 0 like this / 0 don't   •   Posted 11:21 AM, 01/18/2010
    Thanks for you comment, TripleCap. What do you mean, though? How might this blog post be the "illegal" practice of law...?
    ronnie p.
  • 0 like this / 0 don't   •   Posted 11:45 AM, 01/18/2010
    It seems like you are giving legal advice. Are you a lawyer?
    TripleCap
  • 0 like this / 0 don't   •   Posted 12:03 PM, 01/18/2010
    Yes, this article seems to presume that all kids are not suitable for juvenile placement, a mindset that caused the attacks on Asian students in South Philly High. Some kids have to go to forensic placement. They are not appropriate for alt or disciplinary schools, and certainly not appropriate for the neighborhood schools. But for the few whifties who want to destroy the educational environment for the other students, those kids who are were merely "suspended" for committing a mass attack and hate crime on school grounds avoided the message that kids in trouble need to hear most -- there are consequences for your actions. We've tried to super-lenient to a fault in Philly. How's that working for ya? NYC posted the lowest murder rate in 43 years. What are they doing that we are not?
    CleanupPhilly
  • 0 like this / 0 don't   •   Posted 12:13 PM, 01/18/2010
    As someone whose worked with adjudicated kids and kids in residential treatment units, it doesn't help these kids or their families to minimize the crimes the kids commit, nor is it accurate to assume that they are treated differently because of their race. These kids don't need adults to romanticize juvenile crime, because the crime is the same to the victims of that crime whether they are minors or adults. These kids need structure, and the law is the last recourse to provide that structure, and where it is needed, society needs to be protected from kids who are often experienced predators before they have even become old enough to shave a full beard. The law is not the bad guy here, nor the treatment teams devoted to serving these kids. These kids are raised in government subsidized slums that are all of one race and one income. We literally subsidize crime and blight, and the first victims of that federal block-grant world in Philly are the kids who come out of addiction, alcoholism (it is legal to use welfare or TANF in PA to buy alcohol at any state store), multigenerational crime and anti-education mindsets need the law to recognize that it is not appropriate to just place these kids back on Albanus St. or Kensington and Allegheny. It is interesting to note that white liberals did not write "Precious" which was based in South Philly. It took someone who lived it to tell the truth. These are not kids you can send back to their "homes" and expect to do anything but worsen, suffer, and reoffend. Any other place is better.
    CleanupPhilly
  • 0 like this / 0 don't   •   Posted 12:16 PM, 01/18/2010
    I urge people to read the mother's letter in today's DN whose son was killed by juveniles on the subway platform. The process she describes of evidence being suppressed, long delays being deliberately fabricated, and other cheap tricks are the reality for victims of juveniles and adults in Philly. Far from having too few "rights" the juveniles in Philly have lawyers who exploit the many weaknesses in the fabric of the law. The pendulum must swing back toward common sense.
    CleanupPhilly
  • Comment removed.
  • 0 like this / 0 don't   •   Posted 12:56 PM, 01/18/2010
    wow Cleanup you rant is wrong in several places. you are just making up things it seems. the aritcle doesnt come close to suggesting that every kid is innocent or doesnt belong in placement....where did you get that? Precious was based in south philly? are you serious? did you even read it? the name of the movie is PRECIOUS but the book is called PUSH and BOTH of them were set in Harlem NY. also it didnt take "someone who lived it to tell the truth"...PUSH is not an autobiography. it is a work of fiction based on the lives of people that the author met. why do you simply make up things to make your point? it shows that people should be careful reading your rantings because you often have no idea what you are talking about
    IcanTakeit
  • 0 like this / 0 don't   •   Posted 1:55 PM, 01/18/2010
    TripleCap, I am not a lawyer. Sandra Simkins is a lawyer. I excerpted her legal advice, from her book. That's why I wrote, "Even if you're not inclined to buy the book, at least take five minutes to read here SIMKINS' "Top Ten Tips: What Every Adult Should Know to Protect A Child From the Juvenile Justice System." They're not MY top-ten tips; they're SIMKINS' top-ten tips, based on her years' experience as a children's legal advocate. The blog post makes that clear. That's why I refer to the book as HER book. To CleanupPhilly, Simkins is not saying every child is innocent; she's saying that every child who has been arrested both deserves and needs sound legal legal counsel (as do adults). The notion that a child's rights are somehow different than an adult's, simple because of the age difference, is just wrong. Anyway, thanks to all for your comments.
    ronnie p.
  • 0 like this / 0 don't   •   Posted 4:55 PM, 01/18/2010
    Ronnie, those top ten tips from Simkins can literally save some kids lives, along with their parents, from going down the ol' drain. How about those many many cases in Lackawanna County, with judges having monetary interest in getting as many kids sent away as possible? The parents, unsophisticated as most of us are, were advised, "You don't need an attorney." Result: Kids sent away for minor law violations. Most folks think it would never happen in thier families, but as you stated, "wrong time,wrong place, wrong companions...ANYONE's child could be the next one in custody, facing a judge, and in deep deep trouble. I am going to get this book and share it among moms and dads I know. You really DO have to be an advocate for your child. Thanks again!
    CountryRose
  • 0 like this / 0 don't   •   Posted 7:01 PM, 01/18/2010
    Ronnie. Thanks for sharing this. Kudos to Simkins for taking the time. I worked many years with youth, too many in the juvenile justice system. Parents and children need to very clear about the legal rights and make sure to exercise them just like any adult who finds themselves under arrest for any reason. This book needs to be on the reading list of anybody who works in the juvenile justice and child welfare industry. Thanks again - ignore cleanup who thinks that once a kid is charged they are guilty and should go to jail - we all know that the police never make a mistake.
    nebulus
  • 0 like this / 0 don't   •   Posted 8:01 PM, 01/18/2010
    Nebulus, well stated from a professional in the system. By the way, I think cleanup just loves the sound of his own keyboard!
    CountryRose
  • 0 like this / 0 don't   •   Posted 8:14 AM, 01/19/2010
    First off - if your child is in this trouble, you are a horrible parnet to begin with and odds are, 90-percent of the time if your kid is arrested, they did something worng. But I am sure there are plenty of apologists out there where it is everyone else fault.
    reddog44
  • 0 like this / 0 don't   •   Posted 10:31 AM, 01/19/2010
    Reddog, you would be funny as hell if this wasn't such a serious issue. Even if your child did do something wrong, they are still entitled to due process. As Countryrose noted, many juveniles were railroaded into incarceration for the smallest infractions. It had nothing to do with justice, it was pure greed. These children were stripped of their rights because corrupt judges were taking huge payoffs to send them to for-profit detention programs. Read the post a second time; it is obvious that you are not a parent if you actually believe that drivel you wrote.


14 comments
About Ronnie Polaneczky

When my phone rings here at the Daily News, nine times out of ten the caller begins the conversation with, “Yeah, so what happened was…”.

Because this is Philly, the caller doesn’t say, “My name is Bob” – or Mary – “and I wonder if I could have a moment of your time?” Philadelphians are too direct for that. They just say, “Yeah, so what happened was…”, and then tumble into a tale they think oughta be shared with a wider audience. I love getting these calls (even the ones where it becomes clear, after 30 seconds, where the caller sowed the seeds of his own misery), because they give me chance to connect with fellow citizens in a way that no other job allows. Well, okay, no other job for which I’m remotely qualified.

That’s why my blog is titled “So What Happened Was…”. To me, it’s the quintessentially Philly way of saying, “Once upon a time.” When I hear it, I know a good story is coming. And I can’t wait to see how it turns out.

Ronnie Polaneczky has been an award-winning columnist for The Philadelphia Daily News since 1999, offering a front-steps perspective on every aspect of city life, from the sublime to the stupid. In her past life, she was the editor-in-chief of Atlantic City Magazine, associate editor at Philadelphia Magazine and a fulltime freelancer published in Ladies Home Journal, Good Housekeeping, Redbook, Reader's Digest, Men's Health, MarieClaire and others. She lives with her husband, daughter and various pets in the city's Fairmount section, where she dreams of one day singing The National Anthem at an Eagles game. In addition to her column and blog, you can enjoy Ronnie's musings in podcast form here.


Read more from Ronnie Polaneczky at Earth to Philly, the Daily News blog on anything and everything "Green

No matching results were found for More Like This Search.