At Nelson Defense Group, we step in before the system defines your child by one moment, one accusation, one mistake. We stand between them and a rush to judgment, ensuring their future isn’t written before their story
is even told.

Whether your child is facing allegations involving theft, violence, sexual offenses, or alcohol-related charges, we know how to navigate the juvenile justice system and help juveniles charged in adult courts. We know how to challenge assumptions. We advocate for outcomes rooted in rehabilitation, dignity, and hope—not punishment.

Compassionate Advocacy for Juveniles

Every young person deserves the chance to be seen as more than a charge. That’s why we work not only to defend juveniles from accusations but also to help rebuild their lives. 

We approach juvenile defense with the same unwavering commitment we bring to every case: a belief in our clients, a refusal to let the government define the outcome, and a relentless pursuit of the truth. We investigate every detail, build your child’s defense with care, and fight to make sure their voice is heard. In our decades of experience, we have successfully moved many cases out of adult court, keeping children in juvenile court. 

Our job is to protect not just legal rights, but futures. When your child’s life is on the line, we’re not just lawyers—we’re the shield, and we’re here to fight for them.

What types of juvenile offenses do you defend?

We are prepared to handle all types of cases involving juveniles up to the most serious delinquency cases, but also other matters like JIPS (Juvenile In Need Of Protection), Truancy cases, or expulsion hearings that occur concurrently with delinquency proceedings. Juvenile proceedings are a very different system from the traditional adult criminal justice system, with a focus on the rehabilitation of the child and its own language and types of proceedings. Not every attorney who can handle criminal matters is prepared or experienced in working with children, who are some of the most vulnerable people in the criminal justice system. Children are not small adults, and they should never be treated as if they are. It takes an attorney with an understanding of the differences between children and adults and the systems that handle them to competently defend a child in the juvenile justice system.

How is the juvenile justice system different from the
adult criminal system?

The focus of the juvenile system should always be not only on what behaviors may have taken place, but also on the child and what they need to be successful moving forward. Because the juvenile system is so different from the adult system, an entirely different set of terms is used to describe the proceedings that take place. The timeline for juvenile cases is also much quicker, recognizing that the needs of children are much greater than those of adults, and being caught in the system for extended periods can be very harmful in a child’s development and have far-reaching consequences for not only the child but their families and community moving forward. Our attorneys bring a deep understanding of the needs of children in the juvenile justice system and will balance the need to resolve the case promptly with the need to explore every opportunity for an excellent resolution.

One critical difference between juveniles and adults in Wisconsin is that juveniles are not entitled to have a jury decide whether they did what is alleged in the petition. Instead, a trial is held in court, called a Fact Finding Hearing, where the judge acts as both judge and jury and makes the final decision about whether the state has proven each allegation. Because they are conducted without a jury, they can take less time than an adult trial, but the need for a thorough defense is still essential.

In very serious cases, the state can charge a child in adult court. In other juvenile cases, the State can start by filing a petition in the juvenile system and then request to have the juvenile moved to adult court. Moving a child into the adult system can have serious consequences and should generally be opposed in every case by an attorney experienced in juvenile waivers. If a child does go to adult court, it is very helpful to have an attorney who is experienced with both children and adults as well as both systems.

In Wisconsin, children are only in the juvenile system until they turn 17. Wisconsin is one of only two states that treats 17-year-olds as adults. Whenever possible, attorneys should be doing everything they can to have juveniles addressed in the juvenile system, where their needs can be better met and the focus is on their best interests and chances at future success. It can be complicated to handle waivers into the adult system as well as reverse waivers back to the juvenile system. Nelson Defense Group is well-versed in this process and prepared to give you the benefit of that experience.  

What should I do if my child is accused of a juvenile offense?

Because of the tight timelines and the potential harm to children simply from being in the juvenile justice system, it is important to consult with an attorney as soon as possible. Whether this is from the time you receive the petition showing the allegations or the time your child is taken into custody for a Temporary Physical Custody hearing, you should be considering your options for counsel as quickly as possible. Like a bond hearing for adults, children can be placed in juvenile detention and deprived of their liberty at Temporary Physical Custody hearings, and custody can be temporarily transferred to the Department of Human Services. Getting an experienced attorney on board early to advocate for your child is critical in making sure that their interests and well-being are protected.

Can my child’s juvenile record be sealed or expunged?

Juvenile records are generally confidential, meaning that only the court, the parties, parties to the juvenile system, and some law enforcement agencies have access to records. There are some limited exceptions to this rule, however, and it is important to consult with an attorney to ensure that all impacts have been considered for every juvenile delinquency determination. When cases are being negotiated, some avenues can be explored to either avoid a determination of delinquency or mitigate the impact of a delinquency determination. Some consequences, like registering as a sex offender, can follow a child into adulthood and should be carefully considered when resolving cases. The attorneys at NDG are experienced with collateral consequences and will make every effort to protect your child.

Will my child have to go to juvenile detention?

The Department of Human Services has limited authority to place children in detention pending a hearing. From there, the court has to approve continued detention. In other cases, a hearing can be held to remove the child from their home, but they may go to another housing option besides detention. Whether your child is detained or otherwise removed from the home will depend on whether they are likely to make themselves available for court appearances and whether the public is protected during the time the case is pending. The court also looks at the seriousness of the charges and availability of a safe alternative to detention. Children should only be removed from their homes as an absolute last resort. Removal from home can be one of the most life-changing decisions that can happen to a child, and it is critical to take all actions available to help the court make good decisions when considering removing a child.

What role do parents play during the juvenile defense process?

Parents are usually the best advocates for their children and know the most about them and their needs. It is critical to know as much as possible about a child when trying to construct a theory of defense, and parents are an important resource to fill in information that the child may not be able to provide. It is important to remember that the child, and not parents, is the decision maker in their defense, but in many (perhaps most) cases, children rely heavily on their parents when making critical decisions. In the best scenarios, parents, children, and attorneys all pull together in the same direction for the benefit of the child involved.

How do you approach cases involving allegations of sexual crimes
or violence?

When it comes to children being charged with behavior that would be criminal if they were adults, it is important to keep in mind that they are not adults and they cannot often regulate their behavior in the ways that we expect of adults. In the last few decades, science has helped us understand much more about brain development, and that many behavior-regulating functions do not develop until children are not only 18 but until the age of 25 or more. 

In the case of sexual allegations, age can play a critical role. Because children have not developed a complete system of executive function before they reach the age of 18, it is presumed they are not capable of consenting to sexual activity. Nonetheless, they are often charged with sexual assault for sexual contact or intercourse with similar or same-aged peers. It is critical to challenge the juvenile justice system when it presumes that between children who are both incapable of consent that one is a victim and one a criminal.  

For some children, it is necessary to take a close look at what unique needs they have, which may cause them to act out sexually, including being victims of sexual abuse themselves. Usually, it is only an experienced defense attorney who can elicit information that helps the court understand the unique experiences and needs of a child that lead to problematic behavior. Experienced attorneys can also get experts on board to help explain the specific needs of a child confronted with a sexual assault charge.

When a child is facing accusations of violent behavior, it is likewise important to look at the development of each individual and their ability, based on their age and brain development, to conform their behavior to the expectations of the criminal code. While we expect adults to be able to follow the expectations of the law, children can be much more impulsive and have trouble regulating their behavior. Understanding the challenges of each child is critical to providing a defense, especially if the behavior includes violence.

What are the potential consequences of juvenile adjudication?

Common consequences include supervision through Juvenile Justice in the Department of Human Services in the county where they reside. Other tools can be used to help them regulate their conduct including rules like curfew and who they can have contact with. They can also have their ability to move about restricted and monitored with home monitoring tools like an ankle bracelet. In more serious cases, children can be placed out of their homes in foster care or treatment, group homes, or local juvenile detention centers. In the most serious cases, they can be placed at statewide detention centers until they reach a certain age, usually 18.

How can a juvenile defense attorney help with alcohol-related offenses?

An experienced attorney will challenge not only the allegations but also, when appropriate, consider whether the child has substance use disorder needs that could be addressed to prevent the child from having future contact with law enforcement and the juvenile justice system. Despite being young, some children already have substance use that is creating ongoing issues in their lives and their ability to function in their communities. Especially for children, it is important to not only help them work through their current troubles but also help them avoid new ones.

How long does the juvenile court process usually take?

In a perfect world, the timelines expect that from the date of a Juvenile Plea Hearing, it should only take 30 days to have a Fact Finding Hearing where a court will decide whether the allegations can be proven. In reality, it can sometimes take longer given an attorney’s need to prepare a sound defense and the court’s ability to set aside time for a Fact Finding on short notice. Sometimes there is a need for experts to provide information before the case can proceed, or more investigation is needed to obtain evidence. In all cases, the parties and the court should honor the importance of quick resolution while also protecting the rights of the child and providing for a vigorous defense.

Why choose Nelson Defense Group for juvenile defense in Wisconsin?

Nelson Defense Group attorneys have extensive experience with juvenile court, adult court, and all of the transitions in between. Our attorneys have training and education in child development as it relates to children and their ability to regulate their behavior, and we can apply our extensive knowledge in looking out for their best interests during the representation and beyond. We also have contacts and network with some of the best juvenile justice attorneys in the country and can access referrals to the best experts and services when needed. We treat your child’s interests with the care they deserve.