Juvenile Crimes

Who Is a Juvenile?

State law generally defines a juvenile, for purposes of charging juvenile crime, as a person under the age of eighteen. Once a young adult turns eighteen years old, they generally face criminal charges as an adult, in the same criminal court proceeding that any adult would face criminal charges. Up until age eighteen, a juvenile would likely face a criminal charge in a juvenile, rather than an adult, proceeding. Prosecutors and courts may, though, have state authority to charge persons under the age of eighteen in adult criminal proceedings for certain crimes. Indeed, some states require a direct file in adult criminal court for certain more serious juvenile crimes such as murder.

What Is a Juvenile Proceeding?

A juvenile delinquency proceeding occurs before a judge, not a jury. A juvenile does not generally have an adult’s right to a jury of one’s peers. A juvenile proceeding is also not public but instead private. Privacy may help the juvenile protect their reputation and avoid embarrassment but it also removes the judge’s public accountability. Juveniles also generally do not have the right to bail and pre-hearing release. The court may retain your juvenile in a detention center even if you believe your juvenile is not responsible for the alleged wrong and is not a security or safety risk.

Types of Juvenile Crimes

Juveniles may commit any crime on the state’s books. Juveniles sometimes do commit serious adult crimes, including murder, robbery, arson, drug dealing, and other serious and harmful or deadly wrongs. But more common juvenile crimes involve truancy, underage drinking, underage use of tobacco products, simple assault from fighting, property damage from vandalism, shoplifting, and identity theft or similar consumer credit fraud. School officials are a likely source of complaint over juvenile crime. When a juvenile commits a criminal wrong in the school setting, school officials are likely or may even be required to report the wrong to juvenile and law enforcement authorities.

Consequences of Juvenile Crimes

One theory for juvenile delinquency proceedings over adult criminal charges is to preserve the juvenile’s opportunity to begin adult life free of the consequences of youthful wrongs. Yet a conviction in adult court for a juvenile crime can lead to severe criminal penalties, depending on the crime. A finding of responsibility in a juvenile proceeding can also carry stiff juvenile delinquency penalties. And although juvenile records may be confidential for many purposes, they may not be confidential for other important purposes. A juvenile crime may thus have longer-term collateral consequences. Consider the following potential consequences. Treat juvenile criminal charges seriously. Retain our help.

Penalties for Juvenile Crimes

States may punish juveniles in delinquency proceedings by detention in a juvenile facility up to age eighteen. Juvenile facilities should provide schooling, exercise, and other opportunities for socialization and development with age peers. But in practice, juvenile detention may look and feel like jail. And depending on the crime, age at offense, and other factors, the court may try the juvenile as an adult and, on conviction, impose a sentence up to life imprisonment in an adult prison. If the offense is instead less serious, and the juvenile court does not order detention in a juvenile facility until age eighteen, the court may instead impose home detention, community service, fines, restitution, and other terms and conditions such as counseling or treatment.

Consequences of Juvenile Crimes on Schooling

A finding of responsibility for juvenile crime, or the juvenile’s conviction in adult court, can also affect the juvenile’s schooling. School officials may conduct disciplinary proceedings to suspend and expel the juvenile. Your juvenile may have to learn at home or in the detention center, or may have to attend an alternative disciplinary school, better known as boot camp or reform school. Your juvenile may not do as well academically and may not get into a preferred college or university. The impact on your student’s academic progress and emotional and social development can be severe.

Other Consequences of Juvenile Crimes

A finding of responsibility for juvenile crime, or the juvenile’s conviction in adult court, can also affect your juvenile’s athletics, music, drama, arts, and other developmental activities. It could even affect your juvenile’s employment and future career. Don’t underestimate what juvenile delinquency findings may mean to your juvenile or young adult.

Defending Juvenile Crime Charges

Fortunately, juveniles generally have the same right to skilled criminal defense representation as adults. Juveniles do not have the same constitutional rights and protections as adults. But they do have the right to retain us as their defense attorney of choice. And reliable defenses may be available to your juvenile. A juvenile delinquency charge is not the same as a finding of responsibility. Prosecutors make allegations based on information and inference, not always on admissible evidence. Our attorneys may provide your juvenile with any of the following services, proving your juvenile’s defense:

• cross-examination of prosecution witnesses, showing that the witness had no first-hand knowledge or observation of the alleged crime, mistakenly identified your juvenile, is retaliating against your juvenile, or is covering up the witness’s own wrongs;
• motions to suppress evidence based on police violation of your juvenile’s Fourth and Fourteenth Amendment rights against unreasonable search and seizure;
• presentation of exonerating and mitigating evidence, showing that your juvenile did not commit the alleged crime or that any crime was not serious under the circumstances; and
• proof of affirmative defenses including self-defense, defense of others, defense of property, necessity, consent, and any other grounds authorized by law.

Premier Juvenile Crime Defense Nationwide

Your juvenile can have everything at stake in a juvenile proceeding including your juvenile’s freedom. A finding of juvenile delinquency can alter the course of a young person’s life. Retain the Lento Law Group’s skilled and experienced attorneys to defend your juvenile against criminal or juvenile delinquency charges. Protect your juvenile’s education, employment, and reputation. Our premier juvenile defense is available nationwide. Call 888-535-8652 or reach out to us here.