Overview
Juvenile law handles crimes committed by children. Federal law describes a juvenile as an individual under the age of 18 years old; however, a juvenile offender is usually under the age of 17.
A juvenile involved in a crime has the right to remain silent, the right to have an attorney, and the right to question witnesses used against him or her. Most states seal juvenile court records, making them non-accessible to the public.
If your child is arrested
The officer will decide if your child should be held in custody and charged or released. This is determined by the victim’s statement, the circumstances, and if your child has a record for past crimes.
If your child is arrested, consult with a qualified juvenile defense attorney who will explain the complex rules and what the juvenile arrest process entails – stay calm for your child – he or she needs you now more than ever.
The Juvenile System
The juvenile justice system and the adult criminal justice system have two things in common: protecting society and holding those that break laws accountable for their actions. Besides committing serious crimes, children can be sent to juvenile court if they are truant from school, run away from home or even stay out too late at night. Some jurisdictions will allow a child to enter an alternative rehabilitation program instead of going to court.
The first step in the juvenile system is prosecution in the court or intake process. The prosecutor looks at the seriousness of the crime, the evidence, any prior convictions, and determines whether to file the case in juvenile court. While the processing is taking place, the child can be placed in a detention center. A hearing will take place within 24 hours to determine if the child should remain at the detention facility. The child can remain in detention until the formal hearing or after adjudication.
Most cases are heard informally even though a serious matter with serious consequences. The case will be dismissed with an informal disposition if your child admits guilt and adheres to the court’s conditions. An agreement will be signed and a probation officer will monitor the child.
Examples of conditions are paying for damages caused, attending school on a regular basis, counseling alone or with family, curfew, paying a fine, or several hours of community service without pay. Once all conditions have been met, the case will be dismissed. However, if your child does not complete all conditions, he or she can face a formal hearing. This hearing can occur in criminal court – depending on the prosecutor and the seriousness of the crime.
Adjudication and Disposition
At the formal hearing, the prosecutor will file a delinquency petition or a waiver petition. The delinquency petition requests an adjudicatory hearing in juvenile court. The waiver petition requests a transfer to adult criminal court. The court looks at the juvenile to see if he or she has prior offenses and if he or she can be rehabilitated. The court determines – juvenile court versus criminal court.
Juvenile Court – an adjudication hearing will take place. If the child is adjudicated, a disposition hearing will take place next. The court will determine a disposition plan or probation. The disposition plan includes counseling, community service hours, confinement at a detention center or restitution to the victim. Probation will be determined by monitoring the child’s progress. Certain state laws require the child to enter a correctional facility for rehabilitation. If this occurs, aftercare is mandatory in order to be released – the child will be monitored by the court and consequences will be had if requirements are not met.
Parent’s Responsibilities
Juvenile laws vary in each state. There are state laws making the parent responsible for their children’s actions – criminal liability can be imposed on the parent and the parent can be sued if their child injures another person. It is a crime to contribute to the delinquency of a minor – allowing him or her to consume alcohol or illegal drugs.
If your child is constantly involved in some kind of criminal activity – you are held responsible and you can be considered to be committing a crime if your child does not attend school on a regular basis, or you can be fined or imprisoned for not supervising your child.
In addition, there are states that do not make the parent criminally liable for the actions of their child. The parent must simply take responsibility if their child breaks the law – the parent is required to attend juvenile hearings and participate in any counseling sessions with their child. There are states that require the parent to pay restitution to the victim of their child’s crime.
Lastly, there are state laws that require the parent to pay for the cost of prosecuting their child – includes room and board if the child is placed in a residential detention center.
Juvenile Trial versus Adult Trial
Under certain circumstances, a juvenile can be tried as an adult in criminal court. This includes violent crimes, such as homicide, or previously committing a felony crime and found guilty. The prosecutor determines which court to try the juvenile. The prosecutor will determine if the juvenile can be helped by the juvenile court system.
If a child is tried as an adult, he or she will be treated as an adult. If this happens, the proceedings are open to the public as well as the records, and a child can receive the same consequences as an adult, which includes jail, fines and probation.
Conclusion
A child being arrested can be very frightening and stressful for both the child and the parents. It is a serious matter. An experienced juvenile defense attorney can help you understand the laws in your state involving the crime committed. The juvenile justice system adheres to complicated procedures. You need a lawyer experienced in juvenile law to defend your child’s rights – by negotiating a deal with the prosecutor and guiding your child through this process quickly and efficiently. Do not play with your child’s freedom or future; hire an experienced juvenile law attorney as soon as possible.
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