Juvenile Defense Attorney Johnson County

Guidance & Protection When Your Family Needs It Most

Is your child facing criminal charges or an investigation in Johnson County? This moment can bring fear, confusion, and worry for any parent who is suddenly navigating the juvenile justice system. While you want to protect your child's future, you may not know where to turn or what steps to take next.

At Garretson & Toth, LLC, we help families understand what is ahead and provide the knowledgeable, locally rooted advocacy that can make a real difference. With decades of experience in Johnson County courtrooms, our attorneys offer more than guidance.

Our team of attorneys has insight from both sides of the justice system as former Johnson County Assistant District Attorneys. When you contact us, you will work directly with a partner who knows the Johnson County community, its courts, and the process required to protect your child’s best interests.

When facing juvenile charges, time is critical. Secure a juvenile defense attorney in Johnson County whose defense strategy is built on the expertise of former prosecutors. Call us now at (913) 971-0296 or fill out this online form to schedule a free consultation.

The Kansas Juvenile Justice Code

Kansas handles offenses committed by minors (typically those under the age of 18) under the Revised Kansas Juvenile Justice Code. This system is fundamentally different from the adult criminal court, yet the consequences are no less severe.

Common Offenses in Johnson County

• Battery, assault, and other violent or aggressive acts — physical fights or altercations. According to the county’s 2024 juvenile-case statistics, “battery” is among the top offenses.
• Theft (especially misdemeanor theft, shoplifting, and minor property theft) — theft of property valued under a threshold (less than US $1,500) is listed among the most common offenses.
• Possession of marijuana or other drug-related offenses — drug possession (especially marijuana) is a common reason for juvenile charges.
• Underage alcohol possession and underage drinking (Minor in Possession, “MIP”) — many juveniles are charged with MIP when they have alcohol underage, often in social settings or parties.
• Vandalism, trespassing, minor property damage, and similar lower-level offenses — the local juvenile-defence materials list vandalism and trespass as common juvenile charges.
• School-related offenses, including truancy — in some cases, repeated unexcused absences (truancy) are handled by the juvenile system under “child in need of care” statutes.

One key feature of the juvenile justice approach in Johnson County: for many common offenses — especially first-time or low-level ones — the system tries to use diversion programs rather than formal court adjudications.

Also, the county allows for “Minor in Possession” (MIP) cases to be potentially resolved via specialized programs (with interventions, community service, education) rather than leading automatically to a criminal record — especially when the youth cooperates and has no prior offenses.

The Threat of Adult Prosecution (Waiver)

For serious offenses, the State may file a motion seeking to waive the juvenile into adult court, where they face full adult criminal penalties, including state prison time. 

In Johnson County, our firm aggressively contests these waiver hearings (formally known as Prosecution as an Adult or Extended Jurisdiction Juvenile Prosecution hearings), presenting evidence of the child's amenability to rehabilitation in the juvenile system. 

Preventing a child from being tried as an adult is one of the most critical roles of a Johnson County juvenile defense lawyer.

The Juvenile Court Process in Johnson County

The juvenile justice process involves several unique steps, demanding representation from a juvenile defense attorney in Johnson County who specializes in this distinct legal environment.

1. Custody and Intake: If a juvenile is taken into custody, they are transported to the Juvenile Intake and Assessment Center (JIAC). JIAC staff determine if the juvenile is eligible for release to a parent or requires detention in the Juvenile Detention Facility (JDF). If detention occurs, a Detention Hearing must be held within a short period, where we argue for the child's release back to the family under the least restrictive conditions possible.
2. Plea and Diversion: For many first-time or lower-level offenders, the prosecutor may offer Diversion or Immediate Intervention Programs. Diversion is a powerful tool: if the juvenile successfully completes the program requirements (community service, counseling, probation, etc.), the complaint is dismissed, and no formal adjudication is entered. We fight aggressively to negotiate diversion whenever possible to preserve the child's record.
3. Adjudication Hearing: If diversion is not an option, the case proceeds to an Adjudication Hearing (the trial). In Kansas, a juvenile has the right to a jury trial for certain felony-level offenses. We use our firm's extensive trial experience to challenge the State's evidence, leveraging constitutional arguments concerning illegal searches and coerced confessions, which are particularly potent in juvenile cases.
4. Disposition (Sentencing): If the juvenile is adjudicated delinquent, the judge holds a Dispositional Hearing. The judge will use a Risk and Needs Assessment to determine a sentence focused on rehabilitation, which may include:
   • Probation (Standard or Intensive Supervised Probation): 
   • Restitution to the victim.
   • Counseling or treatment programs.
   • Commitment to the Juvenile Justice Authority (JJA) or a Juvenile Correctional Facility (JCF) for the most serious offenders.

Collateral Consequences: The Lasting Impact of an Adjudication

The primary goal of every Johnson County juvenile defense lawyer is to prevent an adjudication, because the negative effects of a juvenile record extend years into the future.

• Education and School Discipline: Schools are typically notified of an arrest or adjudication. For felony-level adjudications, the child may face suspension, expulsion, or reassignment to an alternative educational program.
• Employment and Licensing: Even though juvenile records can be sealed, most are open to the public in Kansas unless they are actively expunged ($\text{K.S.A.} 38-2312$). This record can show up on background checks for colleges, jobs, and housing applications.
• Adult Sentencing: An unexpunged juvenile felony adjudication can be used to enhance the criminal history score of the juvenile if they are later convicted of an offense as an adult, increasing the likelihood of prison time.
• Military and Immigration: A juvenile record can create significant barriers to enlisting in the armed services or achieving naturalization/citizenship.