This court, also known as youth offender's court, is a civil court, not a criminal one. This means that a minor who has been charged with an offense has been charged with a delinquent act, not a crime. So instead of a prosecutor filing a criminal charge, the prosecutor (or probation officer) will file a civil petition. If the juvenile court does deem that the minor is delinquent, then the court has legal authority of the juvenile for a certain period in which it can order what is deemed to be in the minor's best interests. Often, the goal is rehabilitation.
First off, not every single case that goes before juvenile court involves a criminal offense. While there are delinquency cases, there are also status offenses that go before the court (there are also dependency cases, where a minor might be placed with another home if they have been abused or neglected). In a status offense case, only a minor could be charged; this would be the case for truancy, running away, underage drinking, etc. If an offense would be a criminal charge against an adult, however, such as robbery, then this would a delinquency case if charged to a minor. Almost half of all delinquency cases will handle charges of curfew violations, disorderly conduct, drug abuse, and simple assault.
Who can go to juvenile court? The usual age range of children who will be tried in juvenile court is between 14 and 18 years of age. A few states have the maximum age at 16 or 17, while Wyoming sets this at 19. A child who is younger than 7 years old is deemed to be unable to understand right and wrong, unable to have a "guilty mind". If such a young child committed some violation of the law, then in some cases, their parents would have to make financial reparation to victims. Or a court may determine that the child is with an unfit parent or parents and may transfer custody of the child to a relative or foster parent. If a child is 7 years or older but younger than 14, a judge will decide case by case whether the child understood the significance their criminal actions. Depending on the offense, minors who are between 14 and 18 years old could be tried in adult court. This could be the case for repeat offenders, a heinous offense, or even by a minor's choice.
The way the case will proceed will be very different from a charge that is brought before an adult criminal court, and the case may never make its way to a formal adjudicatory hearing. One of the major differences in juvenile court is that minors do not have the same constitutional rights. For example, minors do not have the right to a jury trial.
When it comes to giving a sentence (or disposition order), a court could decide to send the juvenile to a juvenile detention facility, or a judge could have the minor under house arrest. The sentence will not automatically include confinement, however. A judge could order counseling, curfews, and probation, instead. A minor who is considered delinquent could also be given hours of community service, have electronic monitoring, or even a fine. Sometimes, all that happens is a verbal warning.
If you or your child is facing a delinquency or status offense case in juvenile court, then not only do you need an experienced criminal defense lawyer on your side, but you need one who has specific experience in juvenile court. The laws and possible outcomes vary wildly in juvenile court as compared to adult courts, and state laws will further vary a great deal. Do not be without a legal expert in this time. Contact a skilled criminal defense attorney today!
