Juvenile Court

My Child Was Arrested

Having a child arrested for a crime can be a terrifying experience for both the parent and their child. Knowing how the juvenile system works, you will be more prepared to navigate the process and reach the best possible disposition for your child.

This article not only introduces the reader to the juvenile justice system but also examines the rights of juvenile offenders and the factors courts consider in deciding whether try the minor as an adult.

Finally, the article will examine recent juvenile judge reform proposals, how to seal a criminal record, and what to consider when hiring a juvenile criminal defense attorney.

Juvenile Criminal Process

Different from Adult Prosecutions

If your child is arrested, you first need to find out why they were taken into custody and what needs to happen for the child to be released. This is when you need to contact an experienced juvenile crimes attorney. The lawyer will be able to answer most of your questions and obtain a copy of the charges and explain the process to both you and your child.

Juvenile courts have their own unique rules and procedures. Juvenile courts handle cases involving children between 10 and 18 years, depending on the jurisdiction.

The criminal juvenile process is very different from the adult criminal process. First, a juvenile crime is considered an act of delinquency, and the child that committed the crime is called a juvenile delinquent. This term connotes the child is different from other children, unfit and broken, and covered by a dark cloud – a cloud so dark it requires court intervention to correct the child of their delinquency -as if the man behind the black robe will be performing an exorcism on the child.

Thankfully, there are now proposed reforms, discussed at the end of this article, that will dispel such negativity from the system and instead focus on rehabilitation and different forms of therapeutic intervention for the child.

Juvenile Rights

Juvenile rights are different from adult rights. For example, juveniles do not have the legal right to a jury trial.

Minors tried in juvenile court have the following constitutional rights:

• The right to remain silent
• The right to counsel
• The foundational right to the presumption of innocence until proven guilty
• The right requiring the state to prove its case beyond a reasonable doubt
• The right to receive full notice of all charges against the juvenile
• The right to confront and cross-examine state witnesses
• The right to summon their own witnesses to testify at trial
• The right against self-incrimination

Punishment or Rehabilitation

The judge decides the juvenile’s fate

Since a judge, not a jury, will determine the fate of a juvenile upon conviction, their decisions affect hundreds of thousands of youths each year. The judge has the power to impact a child’s future, including their career, education, and psychological well-being.

Judge Stated Dispositions

(AKA Sentencing)

Possible consequences of being convicted as a juvenile include:

• Juvenile incarceration
• Placed in a reform school
• Placed in a foster home
• Returned to their parents and were placed on probation.

If imprisonment is chosen, the juvenile, in most cases, must be released by their eighteenth birthday.

Incriminating Statements Made by Juveniles

Juvenile constitutional rights

Like adult law, anything a juvenile says to law enforcement officers can be used against them at trial. However, statements made to juvenile intake counselors or probation officers during the intake process are usually prohibited from being used against them in court.

Right To Counsel

The parent is also the holder of the right

• In juvenile court cases, the child and their parent must be advised that the juvenile has the legal right to an attorney at all stages of the juvenile proceedings.
• If the juveniles or their family cannot afford an attorney, one will be provided for them by the state.
• Minors are prohibited from waiving their constitutional right to a lawyer without the permission of a parent or guardian.

Juvenile Courts

Exclusive jurisdiction

A juvenile will be transferred to juvenile court unless the minor is tried as an adult. The juvenile court judge will have exclusive jurisdiction over the case, including the minor’s sentencing.

Juvenile court judges play a crucial role in the criminal justice system, and their decisions impact thousands of children’s lives every year.

These judges’ decisions impact the future of many young people’s educations, careers, and overall well-being.

Being Found Guilty – State Disposition

Courts do not use the term sentencing when punishing a youthful offender in juvenile proceedings. Instead, the court will use the term disposition orders that determine whether a juvenile should be tried as an adult.

The minor will be subject to the adult penal code sentencing laws, including, under certain circumstances, life imprisonment without parole.

Youthful Offender Program

Also called the second chance program

The youthful offender sentencing program is not part of the juvenile court system. The program is designed for young adults ages 18 through 25. The program is for first-time felony offenders who have been assessed by their community to benefit from receiving a second chance and which avoids having the offender go through life with a felony charge on their record.

Youthful Offender Maximum Sentence

The maximum time under the youthful offender program that a minor can be imprisoned or supervised (or both) is limited to a total of six years.

The court has the discretionary power to divide these six years into any way it believes is appropriate and would be in the child’s and society’s best interest.

Prison As a Youthful Offender

The prison system handles a child treated as a youthful offender differently. In many cases, it is a helpful way to avoid mandatory prison sentences.

The Light Hand of Justice

Petty offenses

The judge in juvenile matters is given a great deal of judicial discretion, such as sidestepping the formal process and choosing instead to use the opportunity to warn or even scold the minor in open court.

On minor offenses, such as the theft of school recreational property such as a basketball, the minor may still be required to go before the judge.

In cases where the judge does allow the juvenile case to proceed for nonviolent, relatively minor offenses, the sentences may include paying a fine or attending a class on juvenile civics.

The Heavy Hand of Justice

Trying a juvenile as an adult

When a minor is arrested, they are automatically placed in the juvenile court system. The case is scheduled before a juvenile court judge.

Determining whether the minor should be tried as an adult depends on the judge and the following factors:

• The crime’s severity
• The child’s age,
• The child’s arrest history.

Should the juvenile court judge decide to have the minor tried as an adult, a petition to transfer the criminal filing to adult court is prepared and sent to the adult division of the state court.

The state attorney’s office can petition the judge to transfer the case to the adult division based on other factors which may make it less desirable for the minor to remain within the juvenile court system.

Regardless of which method the government uses to move the minor from juvenile to adult court, once the minor is removed from juvenile court, they will be treated as an adult for all purposes.

Minor Incarcerated in County Jail

If in custody, the minor will be removed from the juvenile detention center and transferred to an appropriate section of the local county jail.

Minor Is Arraigned in Adult Division

The minor will be scheduled to go before a judge presiding over the adult criminal felony division of the court.

Again, in all respects, the minor’s case will be treated like the child were an adult, including placement in state prison if convicted.

World Condemnation of U.S. Treatment of Minors

Life Sentences of Minors Without Parole

Treating a minor like an adult has attracted international condemnation.

According to the Juvenile Law Center, the United States is the only nation that permits a juvenile to be sentenced to life without parole. Sentencing minors to die in prison has also been condemned by the United Nations.

The U.S. Supreme Court in Miller v. Alabama held that life-without-parole on a fourteen-year-old child violated the Eighth and Fourteenth Amendments’ prohibition against cruel and unusual punishment. However, the trial court still has the discretionary power to impose a life sentence without parole if the sentencing court determined, after a full hearing, that the minor was permanently incorrigible and incapable of rehabilitation.

Death Penalty for Minor

In 2002 the Supreme Court in Roper v. Simmons ruled that the imposition of the death penalty for minors was unconstitutional

Retaining A Juvenile Crimes Attorney

Questions to ask:

Selecting a juvenile crimes attorney should be based mainly on the attorney’s experience in juvenile defense. However, your ability to work effectively and comfortably with the attorney is also essential. Here are some critical questions to ask before hiring your lawyer:

• What is your experience in juvenile criminal defense?
• What is your expertise in representing juvenile defendants charged with this type of crime?
• What are the possible outcomes of the case?
• How long will it take to resolve the case? How will you keep me informed of the progress?
• What is your specific approach to juvenile law?
• Will other juvenile defense lawyers be working on the case?
• What is your record with the state bar? What will my entire case cost?

Sealing a Juvenile Record

Right to a fresh start

The juvenile court may seal and destroy the records of a juvenile at any time. However, many states are now required to destroy the juvenile’s court records when the minor reaches the age of majority, which in most states is 18.

The importance of destroying the records becomes evident when the juvenile attains legal age because the judgment in juvenile court is wiped away and gives the child a chance at a fresh start.

Expunging Juvenile Record If Crime Was a Felony

Many jurisdictions differ in the rules and standards needed to expunge a felony. This is why finding an experienced lawyer to walk you through the legal steps is important.

An experienced juvenile defense lawyer can tell you if your son or daughter is eligible, how long it will take to seal the record, and the cost.

The 2021 Juvenile System Reforms Report

National Study of 50 states juvenile justice systems

The Council of State Governments Justice Center conducted a study of the nation’s juvenile justice system in all fifty states.

The 2001 report on juvenile justice was the first of its kind. It provided not only its findings but also specific recommendations for improving the system and the quality of juvenile court judges.

Despite the importance of juvenile court judges, most states still need to assess how the decisions are made by their juvenile court judges.

Report’s Findings

The 50-State study reveals that most states still need to have specially assigned juvenile court judges, and only a few require these judges to have specialized training, expertise, or experience.

The study also found that many states fail to provide their judges with the necessary resources that would enable them to make better and more informed decisions.

These resources would include how to make informed risk assessments as well as engage young people’s families in effective and helpful community programs and services.

Report’s Five Major Recommendations

The report concludes with five recommendations designed to reform and improve their juvenile court systems and to ensure that juvenile justice systems are efficient, effective, and equitable:

• Need to establish and improve the quality and expertise level of juvenile court judges by making sure they qualify for the same level of authority as judges who handle civil and criminal cases, including background and experience requirements.
• Need for judges statewide to be supplied with effective information and tools to make informed decisions in improving not only public safety but also youth offender outcomes. States should equip their juvenile judges with reliable juvenile research reporting and best practice guidelines that can guide and inform their judicial decisions.
• Need to set up mandatory training on adolescent emotional and psychological development before they take the bench and to receive mandatory annual training on Judges should receive an orientation to juvenile justice case law, research, and best practices. States should also establish a formal peer-to-peer support system through judicial shadowing and mentoring.
• Need to provide juvenile court judges with the practical support they need to do their jobs effectively. This can be done through dedicated administrative support, formal collaboratives such as judicial committees, and requesting federal resources specifically designed for juvenile court improvements.
• Need to identify statewide performance measures for juvenile court judges and collect and use data to strengthen decision-making and accountability. Few states have established a structure to evaluate whether court decisions are aligned with research and best practice. States must define what juvenile court effectiveness looks like as well as develop a transparent and collaborative performance measurement system.

Consulting With A Juvenile Defense Lawyer

Should you have specific questions or require additional information about your child’s arrest, we urge you to consult with a Juvenile Defense Lawyer as soon as possible.

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