My son is going to have a juvenile protection trial...

Hello. This is the school violence specialist attorney at Daeryun Law Firm.

First, you must have been very surprised by the sudden police contact. I fully understand the heavy heart of a guardian.

Since your son is 12 years old and falls under the category of juvenile delinquents, he is not subject to criminal punishment under criminal law, but as you mentioned, he will go through juvenile protection trial procedures.

To briefly explain the juvenile protection trial procedure, after the police investigation is completed, the case is referred to the juvenile division of the family court without going through a prosecutor.

The judge reviews your son's records, and if they determine that a hearing is necessary, a juvenile interrogation date is designated, and your son and guardian must attend together to receive an investigation.

The judgment is based on the circumstances of the offense, whether the child is remorseful, the school and family environment, and the guardian's ability to provide guidance, and if necessary, environmental investigation or psychological examination by the probation office may be conducted in parallel.

Looking at your inquiry, while it appears to be a simple case of using a friend's bicycle for a few hours, since multiple friends participated together, it constitutes special theft charges.

However, what is given to juvenile delinquents is not punishment but protective measures, with measures aimed at education and correction such as Type 1 (entrustment to guardian custody), Types 2-3 (attendance order, community service), and Types 4-5 (short-term probation).

If your son is a first-time offender and it can be argued and accepted that it was due to temporary curiosity or peer influence, there is a sufficient possibility that relatively light measures will be imposed.

Also, in juvenile protection trial cases, I can say that the role of an attorney is substantively very helpful.

School violence specialist attorneys can specifically organize the minor nature of the offense, attitude of remorse, guardian's guidance plan, and recidivism prevention measures, and convey them persuasively to the court, and can help your son not make unfavorable statements.

I recommend reviewing the direction through legal consultation to be substantively helpful to guardians and sons who are experiencing this kind of case for the first time.

In particular, since the strength of the disposition varies greatly depending on how you respond initially, please seek consultation early in the procedure.