Juvenile Matters - An Overview

Juvenile law deals with crimes committed by children. The maximum age varies from state to state, but the maximum age for a juvenile offender is usually seventeen. Governmental bodies, including the federal government, states, and cities, prosecute all types of crimes committed by children, from traffic violations to felonies like rape and murder. If your child has been charged with a crime, it is essential that you seek legal counsel from an experienced juvenile defense attorney at once so that you can preserve his or her rights and future.

Children involved in juvenile court matters have many of the same rights their parents would have if they were accused of a crime. These rights include the right to remain silent, the right to cross-examine witnesses against them, and the right to be represented by an attorney. Juveniles often have additional rights - in most states, juvenile court records are not open to the public, but are sealed, so that no one will be able to learn about a juvenile record. A juvenile defense attorney can explain and clarify your local practices and take some of the mystery out of a frightening situation.

Juvenile Court Philosophy

When an adult is charged with a crime, he or she is brought into court in order to determine first, if he or she committed a crime, and second, the appropriate punishment. Juvenile court has, at least in theory, a somewhat different emphasis.

The purpose of juvenile court is not so much to punish young offenders, as it is to reform them. If a juvenile is found to have committed a crime, he or she is not "convicted," but "adjudicated." If a juvenile is incarcerated for his or her actions, he or she will not necessarily serve the same amount of jail time as an adult convicted of the same offense. Most states require juvenile offenders to be released from custody when they become adults. A juvenile adjudication will generally not count as a conviction of a crime for future job applications.

In recent years, there have been moves in many states to make the emphasis of juvenile court more like that of adult court, and focus on the punishment of young offenders. More juveniles are being tried in adult courts. An experienced defense attorney can explain how your child's case will be handled in your state.

Juvenile Defense Procedure

All lawyers involved in the juvenile justice process, whether they are prosecuting or defending, must adhere to a complex set of rules of procedure to ensure a fair trial. Although juvenile court is often less formal than adult court, the procedures are still complicated. Because of this complicated procedure, only lawyers experienced in juvenile law can effectively navigate the intricacies of the juvenile justice system on behalf of the accused. Defense lawyers should become involved in the matter as early as possible, usually even before a child is questioned by the police.

The police have the obligation to inform possible defendants of their right to counsel and the right to have counsel appointed by the court if they cannot afford to pay for one with their own resources. Most people have heard these warnings-often called "Miranda" warnings based on the case that made them mandatory-in television "cop" shows and crime dramas.

Juvenile Adjudication

If a juvenile is adjudged to be guilty of a crime, he or she may receive probation, have a fine imposed, be ordered to perform community service, be ordered to make restitution or pay back the losses caused by the criminal acts, or be sentenced to serve time in a juvenile correctional facility. An experienced juvenile defense attorney can work with the prosecutor to negotiate a deal that provides for the least severe punishment or, if no deal is worked out, the defense lawyer can zealously represent the defendant in court, attempting to prove to the jury that the prosecutor cannot prove that the child committed a crime.

Conclusion

Being accused of a crime is a frightening and stressful event. Even in the most minor cases, it makes sense to secure competent and knowledgeable counsel who can help streamline the juvenile justice process, provide zealous representation, and minimize the impact on the child's life. If your child has been charged with committing a crime, do not delay in contacting an experienced juvenile defense attorney.