Kuehn and Flitcroft

​​Criminal, divorce and family law attorneys

Juvenile Defense


If your child has been arrested for a juvenile charge in Walworth County, or any surrounding county in South East Wisconsin, then contact an Elkhorn criminal defense attorney at Kuehn & Flitcroft, who has specific experience in this area of criminal offenses. As a former a public defender, Chris Kuehn handled a range of very serious juvenile criminal offenses from investigation through trial. Additionally, he received special training on defending juvenile crimes from the State of Wisconsin. This inside knowledge is of critical importance and can benefit the defense of your loved one's case. 

Some of the charges your child could face are: 

Underage Possession of Alcohol Possession of Controlled Substances (including cocaine, adderall, marijuana)
​Sexual Assault of a Child Possession of a Fake ID
Identity Theft Resisting Arrest of Obstructing Justice
Burglary Theft
Operating a Motor Vehicle without Consent (aka car theft) Disorderly Conduct·
Battery

​These cases are unique, and having an experienced juvenile lawyer who understands the nuances of Wisconsin law can make a big difference in your child’s future. It is advantageous to act fast and pursue favorable options, such as dropped charges or a diversion program, which if successfully completed will result in the charges being dismissed. It is always advisable to have an attorney retained and working on the case as soon as the police contact your child.  Often times a defense attorney can achieve better results BEFORE a petition is filed in juvenile court. 

What Happens if My Child is Arrested? 

​After an arrest for an offense, your child will most likely go to a Juvenile Detention Center where they will be assessed by Department of Health and Human Services and can be detained until they see a Judge for a Detention Hearing/First Appearance. These hearings are held within 24 hours of the child being taken into custody. Kuehn & Flitcroft is a full service criminal defense firm that will: 

Strive To Minimize Your Court Appearances: · It may be possible to resolve your case without your appearance in Court or the need for a trial.Investigate, Assess &

Analyze Your Case: · With experience as an Attorney who has also been trained as an investigator, we will assess the case against your child and explain the possible outcomes.· We will research all legal issues in your child's case and pursue the best possible resolution for your child.

​Negotiate on Your Behalf: · With our local knowledge of the District Attorney’s Office, Human Services, and local law enforcement, we will immediately communicate with the Prosecutor and negotiate on your child's behalf. In many cases the Prosecutor has the discretion to file reduced charges or to not file charges at all.

Prepare Your Defense: · We will strive to file any necessary motions to dismiss or motions to attempt to exclude evidence in an effort to maximize your child's opportunity for a positive outcome.· We will represent your child at any necessary pretrial hearings, pretrial motions, and at trial.

Conclude Your Case: · We will continue to advocate your child's case at sentencing to attempt to reduce any negative impact on them.· If possible, we will work on your child's behalf to have their records sealed or expunged.

The Charges your Child Faces 

Both the adult and juvenile justice systems rely on the same laws in Wisconsin. That is: a crime is a crime, regardless of how old a person is when it was committed. The difference is the sanctions imposed and the philosophy behind each system. The juvenile system focuses more on intervention, rehabilitation, and prevention, while the focus of the adult system is punishment and prevention. Kuehn &  Flitcroft, can defend your child or dependent minor against Juvenile Offenses including: ·

All Felonies / Misdemeanors
Operating Under the Influence (OUI) - which including Wisconsin's zero tolerance provisions with a lower legal limit of .02
Boating Under the Influence (BUI)
Drug Offenses (including possession of marijuana to more serious offenses such as possession with intent to deliver or manufacturing)·
Traffic Offenses - including reckless driving and fleeing and eluding
​Battery· Burglary / Robbery / Theft - including petty theft or shoplifting, and more serious grand theft charges, robbery or burglary
Violations of Dispositional Order
Resisting Arrest / Disorderly Conduct

Defenses

Potential Defenses to Juvenile Charges in Wisconsin include: 

Failure to Read Miranda Warnings Illegal Search or Seizure
Lack of Intent Alibi
Mistaken Identity Self Defense
Defense of Others Defense of Property
Performance of Duty and Authority Constitutional Issues
Lindsey A.F. Motions (should the juvenile complete supervision, the charges are expunged)

Punishments your Child or Dependent Minor May Face: 

Jail or prison time (if waived into adult court)
​Be sentenced to confinement in a Juvenile Detention Center (like a prison for children)
Be confined to house arrest and/or probation
Lose their Driver’s License
Be subject to a curfew
Face fines
Be required to pay restitution (which parents are civilly liable for)
Have a permanent criminal record (yes even if charged as a Juvenile, this record is open to certain people in their future, and prevent them from owning a firearm, mandating that they become a registered sex offender, or holding certain professional licenses)

​The purpose of Wisconsin's juvenile justice system is to protect society more effectively by attempting to rehabilitate, not just punish, children who commit crimes. Children in Wisconsin are persons under age 17. Juvenile courts in Wisconsin work with law enforcement and prosecution and defense lawyers, and the Department of Health and Human Services is responsible for devising rehabilitation plans for children in trouble with the law. Children who are referred to the juvenile court have many of the same rights as an adult charged with a crime. You and your family should understand those rights. 

Waiver to Adult Court
In Wisconsin the State may file a waiver petition in addition to the Delinquency Petition.  The Courts are required to review the following and make a decision on whether a juvenile should be waived into adult court.  The criteria are the personality of the juvenile, the severity of a prior record, the seriousness of the offense charged, the adequacy of the juvenile system to rehabilitate the child, and finally the desirability of one court to handle all matters if the child was involved with adult co-actors. If the juvenile is going to be tried as an adult for Possession of Marijuana, the case will be heard in adult criminal court. All the same rules of the criminal court apply. While the juvenile system is specifically interested in rehabilitation, that is not the case with the adult criminal system. Kuehn & Flitcroft’s mission is to prevent juveniles from being tried as adults. 

​Kuehn & Flitcroft represents youth facing charges throughout Southeastern Wisconsin, including Walworth County, Rock County, Kenosha County, Racine County, Jefferson County, and Waukesha County and nearby areas. Juvenile charges are a very sensitive matter to parents and young offenders.