Juvenile Law

Almost every state in the United States has a juvenile court system to handle the legal matters of minors. Typically, these legal matters fall into three categories: criminal matters, abuse and neglect cases, and truancy or delinquency cases.

If your child is facing criminal charges or an introduction into the juvenile justice system, you should contact an attorney dedicated to juvenile justice matters. A criminal defense attorney experienced in juvenile matters is the best hope for keeping a juvenile out of the criminal justice system, for keeping their record free from criminal convictions, and protecting their freedom and future.

What Is Juvenile Delinquency?

Juvenile delinquency refers to when a minor, someone under the age of 17 or 18, depending on the state or territory, commits a criminal act. Statistics indicate that around 700,000 juveniles per year are arrested.

The most common juvenile crimes involve:

• Simple assault
• Drug crimes
• Larceny
• Obstruction of justice
• Disorderly conduct

The age of children, young people, and adolescents who are eligible to be tried under the juvenile court system varies from state to state. Typically, however, children under the age of seven are found to be too young to be in either the juvenile or the adult court system. Similarly, sometime between ages 14 and 19, most states find that accused teens are able to stand trial in adult court.

Most states will automatically process anyone under the age of 18 who is accused of a crime as a juvenile. A few states set that age limit at 16, and other states make the age limit contingent on the seriousness of the alleged crime committed. The rationale for a separate system of juvenile justice is that adolescents are often incapable of adult decision-making ability.

Many legal experts consider participating in juvenile delinquency to be part of a pattern or pathway potentially leading to a prison term later in life. This makes the prevention of juvenile delinquency a top concern not only for law enforcement, judges, and parents but also for politicians and academics involved in the field of criminal justice.

What Happens in Juvenile Court?

Many people believe that minors can be more easily rehabilitated than adults and that minors are not always responsible for their actions because they lack the mental capabilities of an adult. Therefore, juvenile courts were established to hear the cases of minors accused of crimes. Juvenile court systems exist at the federal, state, and local levels, each having its own responsibility depending on the offender. There, juvenile law can be best administered in conjunction with criminal law.

More serious offenses are sometimes pushed up the chain to adult courts, while less concerning violations or scenarios may be heard in state or municipal juvenile courts. The juvenile court system is meant to provide the best possible future life for the children in its system. That is true whether the children are youthful offenders, victims of abuse or neglect, or delinquents in need of protection from themselves.

The Judge’s Decision

In some circumstances, the case will go forward, and the defendant will be tried as a minor in juvenile court. However, if certain circumstances exist, then it might be possible for the minor to avoid formal charges. Usually, a juvenile court judge and prosecutor will consider the seriousness of the crime, the alleged offender’s age, the alleged offender’s criminal record, and the ability of the parents to control the child.

If a judge finds that the allegations against a minor have been proven, the judge will find the minor to be a youthful offender and will decide on sentencing. If the minor is not a threat to others, they might receive probation. However, if a minor is found to have committed a serious crime, they will likely be sent to a juvenile correction facility. Juvenile correctional facilities or juvenile detention facilities are supposed to provide education and rehabilitation services for youthful offenders.

Community service, curfew, juvenile probation, treatment programs, community-based rehabilitation, and residential placement in a residential facility are often alternatives to incarceration. Probation officers for juveniles are often specially trained to handle juvenile cases.

The School to Prison Pipeline Theory

For many people, harsh, zero-tolerance school and municipal policies point to a “school-to-prison pipeline” as a growing problem in the American juvenile justice system. Advocates for the practice of restorative justice and decarceration argue that these harsh policies push at-risk or disadvantaged youth into a career of adult crime.

Opponents of these policies suggest that the media is mostly to blame for sensational coverage of alleged youth offenders, particularly when offenses are sexual or violent. The general consensus, however, is that juveniles should not be in adult prisons.

What To Do if Facing Juvenile Crime Charges

If you are a juvenile or the parent of a juvenile facing charges, you should immediately contact an experienced juvenile criminal defense lawyer with a background in juvenile justice, one adept at helping juvenile offenders. This is especially important if your child has been charged with a more serious offense, that could lead to being charged as an adult in adult criminal court.