Frequently Asked Questions About Juvenile Matters

Q: What is juvenile court?

A: Children who break the law are subject to a separate judicial system called the juvenile court system Generally, the focus of the juvenile court system is more on rehabilitation than on punishment. In some cases, however, older juveniles who commit more serious crimes will be charged as adults and tried in the regular criminal courts. In such cases, sentences will be more in accord with adult punishment, whereas in juvenile court any incarceration is usually in a more rehabilitative setting and generally ends when the juvenile attains the age of majority.

Juvenile courts in many states also hear cases involving the abuse or neglect of children.

Q: What is the maximum age for juvenile court?

A: The most common maximum age for a child to be in juvenile court is seventeen years, although some states set a maximum of fifteen or sixteen. Some states set different ages for particular types of crimes. In most states, cases involving a juvenile of any age may be transferred to adult court.

Q: What is an "adjudication"?

A: An adjudication is a finding by a juvenile court that a child committed a delinquent act. An adjudication is generally not considered a conviction for a crime, as that term is used on employment applications, and an adjudication will not deprive the juvenile of civil rights, such as the right to vote.

Q: Does an adjudication stay on a child's record?

A: Juvenile court proceedings are, with a few exceptions, confidential. The public is not allowed to attend court hearings, and the records are not opened to the public.

In most states, an adjudication stays on a child's record only for juvenile court purposes, to determine if a child is a repeat offender, or if the conditions of probation have been complied with.

Q: Are children locked up in the same places as adults?

A: Federal law strongly discourages keeping children confined with adult offenders or suspects. The law requires physical and visual separation of juveniles and adults. Usually, a child is to be confined with adults for no more than six hours, while awaiting a transfer to a juvenile facility.

Since the juvenile court system is meant to rehabilitate rather than punish, juveniles who are incarcerated are sent to places very different from adult jails. Many juvenile facilities are more like an ordinary residence than a prison.

Q: What is "diversion"?

A: May cases involving juveniles are not heard in court. The child's case is handled by another agency, usually a public or private social services agency. This is known as "diversion." The child, the child's parents, and the agency come to some agreement about how to handle the child's offense. This will often involve meeting certain conditions, such as, restitution, community service, counseling, or school attendance. If the child meets all of the conditions agreed to, the case will be dismissed without court action. If the conditions are not met, the child may be referred to juvenile court.

Q: What is "restitution"?

A: Restitution involves ordering the juvenile to pay the victim a sum of money designed to compensate the victim for the monetary costs of the crime, usually, property damage. A juvenile court will often order restitution as a condition of probation.

Q: We have paid for the damage done by our child, and the victim says he's satisfied, and the matter is closed. Will the court drop the case?

A: Probably not, although the fact that restitution has been made will be considered by the court. Forgiveness by the victim, or parental punishment, may be a factor in determining the court's sentence, but it is not a reason for the case to be dropped.

Q: What is a "status offense"?

A: A status offense is an offense that would not be a crime if committed by an adult. The most common status offenses are truancy, curfew violations, or underage consumption or possession of alcohol. Other status offenses include "incorrigibility."

All states have enacted laws or rules that provide that status offenders may not be sentenced to incarceration.

Q: Do we need a lawyer to represent my child even if my child is innocent?

A: Every child involved in the juvenile court system needs an attorney. Children who have not done anything wrong are perhaps in even greater need of zealous representation throughout the process to ensure that their rights are protected and that the truth prevails. Even innocent children end up being punished, so the best way to prevent that miscarriage of justice is to employ the services of a seasoned veteran of criminal defense law.

Q: If my child simply intends to plead guilty, why does he or she need a lawyer?

A: In some states, your child may not be allowed to plead guilty unless he or she has spoken with an attorney.

Even if your child is guilty of the crime with which he or she is charged, it is imperative that you seek the advice of experienced counsel so that the sentence can be minimized, and your child can maximize the opportunities to move ahead toward a brighter future. Juvenile defense attorneys are needed to equalize the balance of power between the child and the prosecution and to ensure that the constitutional rights that are guaranteed to all juvenile defendants, whether guilty or not, are preserved.