Our children make mistakes, and they’ll likely make mistakes their whole lives. Many of them shouldn’t have their future ruined because of something they’ll never do again. For that reason, if someone is 17 years old or younger, they face juvenile court rather than a criminal court in most cases. Juvenile court is still a serious matter, and its differences necessitate having an attorney who is experienced with juvenile law cases, not just adult criminal cases.
The criminal defense attorneys at Lermitte and Lubin, LLC have the experience necessary to help your child deal with their criminal charges in juvenile court. For more information, contact us today.
To start, the age range of people who face juvenile court ranges from 10 to 17 years old. There are exceptions made for serious crimes, where children younger than 10 may face juvenile court or those in this age bracket be tried as an adult in criminal court. If someone is younger than 17 when they are first charged but turns 18 over the case of their case, they will remain in juvenile court.
There is also a significant difference in how juvenile courts and criminal courts try to resolve cases. Juvenile courts treat minors (people under the age of 18) as if they are not fully grown and do not always understand the consequences of their actions. The court wants to rehabilitate them into productive members of society, and for this reason, juveniles do not get “guilty” or “not guilty” verdicts. They can be sent to juvenile detention facilities, but juvenile courts want to avoid incarceration unless the crime is so serious that they need to go to criminal court. This does not mean that you are not allowed to try and prove your child’s innocence.
This brings us to another important difference between juvenile court and criminal court. There is no jury, which means that we only have to convince the preceding judge of your child’s innocence.
Since minors are not declared “guilty” or “not guilty,” they have a different designation: adjudicated delinquent. If they receive this designation, more often than not, they – or often their parents – will have to pay restitution, fines, and court costs. Their DNA may also be taken and added to the state’s DNA base.
When the crime is severe enough, and the minor is 10 years or older, they can be placed in criminal court. A minor who is 9 years old or younger is generally not considered able to aptly tell right from wrong. This isn’t to say that nothing is to be done, but the minor is usually transferred to mental health experts and facilities.
We’ve said repeatedly that there are certain crimes where a minor will be tried as an adult in criminal court. Our attorneys can work to fight against this and, if need be, represent your child as an adult in criminal court.
The younger a minor is, the less likely they are to be tried as an adult. There are crimes where they can be, but don’t have to be. Crimes where a child can be tried as an adult include any felony such as:
A minor must be tried as an adult if they are being charged with murder, voluntary manslaughter, and/or crimes with a deadly weapon.
Everyone makes mistakes, especially children. However, not all of their mistakes should follow them for the rest of their lives. If you try to go into juvenile court without legal help, your child may never escape a poor decision they made.
The attorneys at Lermitte & Lubin, LLC can help. We have the legal experience with juvenile law and criminal defense to serve as their attorney no matter the situation. Whether it’s a judge or a jury, we will do our best so that your child’s future is not ruined by one mistake. Contact our juvenile law attorneys to learn more.
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