Juvenile Criminal Attorney in Overland Park

Protecting Your Child When Everything Feels Uncertain

When your child is accused of a crime, it can feel like everything is at risk at once: school, friendships, and their future. If your family is facing a juvenile case in or around Overland Park, a juvenile criminal attorney in Overland Park can help you understand what is really at stake and what you can do now to protect your child.

At Garretson & Toth, LLC, we represent minors and their families in juvenile court matters. Our attorneys bring over 60 years of combined criminal defense experience, and both founding partners previously served as Assistant District Attorneys in Johnson County. We use that background to guide families through a system that is unfamiliar and stressful, and we invite you to start that process with a free consultation.

Don't let one mistake define your child's life; contact a juvenile criminal attorney in Overland Park today. We offer a free consultation and put over 60 years of experience to work for your family. Call (913) 971-0296 or reach out online to schedule your appointment.

Common Juvenile Charges We Handle in Overland Park

Juvenile cases in Kansas can involve many different types of allegations, including:

Even when the charge is not a felony, the outcome can affect your child’s life for years. Court consequences might include probation, community service, counseling, restitution, or, in more serious cases, time in a juvenile detention facility or another placement. Outside of court, schools that serve families in Overland Park may pursue their own discipline, including suspension, expulsion, or loss of extracurricular activities. These actions can influence college admissions and job opportunities later.

When you work with a juvenile defense attorney in Overland Park at our firm, we look beyond the immediate court date. We pay close attention to how a particular resolution might affect school records, future background checks, and your child’s ability to move forward. 

We also gather information about your child’s strengths, such as good attendance, work history, counseling, or community involvement, and we work to present that picture to decision makers. Our aim is to address the allegations and also protect your child’s opportunities as much as the law and facts allow.

Can My Child Be Tried as an Adult?

One of the most frightening aspects of the Kansas system is the Waiver to Adult Status (K.S.A. 38-2347). The District Attorney can file a motion asking the court to prosecute a juvenile as an adult if they are 14 years of age or older and accused of a serious felony.

The court considers several factors before "waiving" a child to the adult system:

  • The seriousness of the offense and the protection of the community.
  • Whether the offense was committed in a violent, aggressive, or willful manner.
  • The juvenile's previous history and maturity level.
  • The likelihood of rehabilitation within the juvenile system.

Additionally, Kansas uses Extended Jurisdiction Juvenile Prosecution (EJJP). This is a "dual sentence" where the minor receives both a juvenile and an adult sentence. If the juvenile fails to follow the rules of the juvenile sentence, the adult prison sentence is automatically triggered. As a former prosecutor, our lead counsel knows exactly how to argue against these motions to keep your child in the juvenile system, where rehabilitation is still possible.

What Parents Should Do Right Now

Parents often contact us with very little time before a court date or meeting. Taking a few careful steps early can help protect your child’s rights and give your attorney a stronger starting point. If law enforcement or a probation officer wants to speak with your child, you have the right to request that a lawyer be present. We generally recommend that families exercise that right, because statements made in those conversations can be used in court.

It can also be helpful to gather documents before your first meeting with us. This could include any tickets or paperwork your child received, letters or emails from the school, and any prior evaluations or counseling records that you believe are relevant. When you bring this information to a free consultation, our attorneys can give you more specific guidance about timelines, possible options, and what to expect at the Johnson County courthouse.

Practical steps parents can take immediately:

  • Write down important dates, such as the first hearing and any school meetings.
  • Remind your child not to discuss the case on social media or with classmates.
  • Keep copies of all paperwork from the police, the court, and the school.
  • Contact our office to schedule a free consultation so a partner can review the situation with you.

If you reach out to us, you will speak with our team about scheduling a meeting with one of our partners as soon as reasonably possible. We know that time feels very short when a juvenile case is pending, and our goal is to help you regain a sense of direction.

What Happens In A Juvenile Case in Overland Park

One of the hardest parts of a new juvenile case is not knowing what to expect. In Johnson County, cases that begin in Overland Park may move into the juvenile division of the Johnson County District Court in Olathe. The process often starts when law enforcement or a school resource officer forwards a report to the Johnson County District Attorney’s Office for review.

If the prosecutor decides to move forward, a petition is generally filed, and the court schedules a first appearance. At that hearing, your child will usually be informed of the allegations, and the court may address release conditions, such as staying in school, obeying curfew, or having no contact with certain individuals.

From there, many cases move through a series of settings that can include pretrial conferences, discussions about diversion, and, in some situations, a contested adjudication hearing. The terminology is different from adult court, but the impact on your child can still be significant. 

We use our experience as former Johnson County prosecutors to evaluate the state’s evidence, identify legal and factual issues, and discuss with you whether negotiation, diversion, or a contested hearing is the best path for your family.

How We Help Protect Your Child’s Future

When your child is facing a juvenile case, the stakes go far beyond what appears in a police report. Our role is to look at the full picture—your child’s story, the surrounding circumstances, and the legal realities of the Johnson County system—to build a strategy focused on protecting their future. From the first conversation through the final resolution, we work closely with your family to explain your options, advocate effectively, and pursue outcomes that prioritize accountability, growth, and long-term stability.

Here is how we can help:

  • Thorough Case Review—We carefully examine the allegations, police reports, video evidence, and school records, and we listen to you and your child to understand what happened from your perspective.
  • Looking Beyond the Paperwork—We identify important factors that may not appear in official reports, such as bullying, peer pressure, learning differences, or mental health concerns.
  • Developing a Tailored Strategy—We create a plan that fits the specific facts of your child’s case rather than taking a one-size-fits-all approach.
  • Negotiating When Appropriate—In some cases, we approach the Johnson County District Attorney’s Office to pursue diversion, amended charges, or outcomes that emphasize treatment and supervision over detention.
  • Preparing for Hearings When Necessary—If a case must be contested, we challenge the evidence, present witnesses, and highlight your child’s progress and support network in court.
  • Insight from Former Prosecutors—Our background as former prosecutors helps us anticipate how the state may present its case and craft arguments that resonate locally.
  • Direct, Partner-Level Representation—You work directly with a partner who understands both criminal law and the realities families face when a young person is accused of a serious offense.

Why Families Choose Our Juvenile Defense Attorneys in Overland Park

Parents do not get a second chance to handle a first juvenile case. Families who come to us want seasoned advocates who know how Johnson County prosecutors think and how judges view juvenile matters. Because our partners served as Assistant District Attorneys here, we understand how charging decisions are made and which facts often influence whether a case moves toward diversion, probation, or a more serious outcome.

At our firm, your child’s case is not used as training for a new lawyer. Every juvenile matter is handled directly by a partner from start to finish. That means the attorney you meet at your first consultation is the same attorney who analyzes police reports, appears at hearings, and talks with you and your child about choices. Parents tell us this continuity gives them confidence that someone with decades of criminal trial and negotiation experience is truly focused on their child.

We also know that juvenile cases do not happen in isolation. School discipline, mental health concerns, family changes, and prior incidents often play a role. We take time to understand those pieces, and we work to build strategies that reflect your child’s age, history, and support system, not just the allegations on a citation.

To discuss your child’s situation in a free consultation with a partner at Garretson & Toth, LLC, call (913) 971-0296 or reach out online now.

Continue Reading Read Less

Why Do Clients Choose Our Firm?

We Are Dedicated To the Success of Our Clients
  • We Are Former Prosecutors, Armed With Invaluable Insights
  • Our Team Is Committed to Obtaining the Best Possible Outcome for Our Clients
  • We Are Accessible to Our Clients and Will Return All Calls the Same Day
  • Our Firm Provides a Confidential Free Case Consultations
  • We Provide a Unique and Specialized Experience for Each Client Facing Criminal Charges
  • Aggressively Defending Our Clients for Over 60 Years