Juvenile Defense Lawyers

The term "juvenile justice" refers to the prosecution and defense of children or adolescents under the age of 18 for delinquent acts in juvenile court. Most states have set the age of criminal culpability at 18 years old. A smaller number of states have set the age of criminal culpability at 17 years old. Juvenile acts are defined as acts that would otherwise be a crime except for the fact that the act is committed by someone under the age of criminal culpability.

Most states have enacted a juvenile code that addresses the prosecution of these cases in juvenile court, including the procedures to be used and the potential sanctions that can be imposed by the court. Juvenile courts are designed to be more focused on rehabilitation while adult courts are designed to be focused more on punishment. For first offenses involving minor crimes, juveniles are typically offered a diversion programs that allow the charges to be dropped or dismissed after a period of supervision.

More serious offenses or repeat violation can lead to probation or secure detention. For the most serious crimes, repeat offenders, or children that are close to being 18 years old, most states have a mechanism to transfer the prosecution to state court so that the juvenile can be tried as an adult.

The Juvenile Delinquency Prevention and Control Act was passed by Congress in 1968. It was revised in 1972 and renamed the Juvenile Delinquency Prevention Act. The act was intended to help states and local communities provide preventative services to young people in danger of becoming delinquent, to help training professionals provide such services, and to supply technical assistance in the field. The federal legislation helped set standards for the administration of juvenile justice across the various states.

Not all juvenile delinquency cases are heard in juvenile courts. There are three different types of cases and different court procedures usually apply to all three different types of juvenile cases. 

o   Cases involving a violation that applies only to minor such as running away, skipping school, etc.

o   Juvenile dependency cases, which involve minors that are abused and/or neglected by their parent and/or guardians.

o   Juvenile delinquency cases involve minors that have committed a crime that would otherwise be tried in criminal court if the individual was an adult. 

Juveniles do not have the same constitutional rights as adults do during proceedings. For instance, juveniles have the right to an attorney at an adjudicatory hearing, however, the hearings are heard by judged because the offender does not have the right to a public trial or bail.

When a juvenile is suspected of violating a law, judges’ prosecutors, and other officials have the option of making informal or formal proceedings. An informal proceeding can include having to pay a fine and attending counseling. A formal proceeding would entail that the youthful offender has been formally charged. Procedures for juvenile delinquency cases vary from state to state.

Waivers are a procedure which transfers juvenile cases to adult court. Juvenile cases that qualify for “waiver” are usually severe offenses such as rape or murder. Additionally, the waiver different types of waivers in juvenile court are discretionary, presumptive, and mandatory. 

o   Discretionary Waiver – There are different criteria to be able to transfer a case, in some states it must be in the best interest of the youth and the public. Additionally, a discretionary waiver entails that the judge in the juvenile court has some say whether the case gets transfer. 

o   Presumptive Waiver – The youthful offender is facing charges that fall under specific categories; therefore, it is presumed that a transfer to criminal court is appropriate. In some states, the defendant must demonstrate clear and convincing evidence that a presumptive waiver is not appropriate for the offense. 

o   Mandatory Waiver – There are 14 states whose statutes provide for a mandatory waiver depending if the cases meet certain criteria such as age and particular offense. 

Per 18 U.S.C. §5031 a “juvenile” is a person who is under eighteen (18) years of age. The term “juvenile delinquency” refers to the violation of criminal laws committed by a person prior to his or her eighteenth birthday. 

Many criminal defense attorneys primarily take cases in adult court and only occasionally take cases in juvenile court. Because of the differences between juvenile court and adult court, it often helps to find an attorney that focuses a signification portion of his or her practice in juvenile court.

At Lawyer Legion we created our directory of criminal defense lawyers to help the public find a qualified attorney in a variety of practice areas such juvenile justice or juvenile defense. We organize attorneys according to the focus of their legal practice, their membership and leadership in organizations related to criminal defense, and other objective criteria.

The juvenile defense attorney represents the client during proceedings, provides legal options, prepare documents, and much more. It is important to hire a juvenile defense attorney who is experienced in representing minors in the juvenile court system. Protecting your children’s rights and future is always the first priority, when a child is arrested, it is vital to retain an attorney as soon as possible. A juvenile defense attorney advocate for the client’s best interested as it is determined by the client’s guardians, the prosecutor, counsel, and/or the judge. 

Having a qualified and skilled attorney who specializes in juvenile cases is always helpful for minors facing charges. Having effective assistance from legal counsel can affect a case’s outcome and retaining an attorney as soon as possible can help increase your chances of having a favorable outcome. Below are some ways that an having an attorney representing your child during juvenile court can be helpful:

o   An attorney can help have the charges reduced or dismissed preventing the minor from having to go to jail and/or having a criminal record

o   The attorney can help make sure that the juvenile is not tried as an adult 

o   The lawyer can explain the process, options, and provide representation

o   An experienced lawyer can arrange for a defendant’s release from pre-adjudication detention

When a law enforcement refers a case to juvenile court, the prosecutor or probation officer takes the case. The juvenile court intake officer or prosecutor can petition the case (filing formal charges). When deciding the prosecutor or juvenile court intake officer consider multiple factors such as:

o   The age of the defendant

o   If the defendant has any prior record

o   The strength of the evidence in the case

o   The severity of the offense

o   The defendant’s gender

Law enforcements deal with juveniles differently in every state. An officer can be in multiple situations that can lead to a juvenile case and there are different actions that officer can take. 

Some ways that a juvenile might come into contact with law enforcement include but are not limited to:

o   An officer comes into contact with a juvenile because he or she was allegedly violating a criminal statute 

o   A school official or a parent calls the police 

o   The minor is being arrested by a law enforcement officer

Below are some ways that law enforcements may decide to deal with a juvenile:

o   Counseled and Released - The officer detains the minor, issues a warning, and then releases the minor

o   Detaining a Minor – The officer can detain a minor until legal guardians and/or parents claim the juvenile. Additionally, the officer releases the juvenile to the custody of the guardians and/or parents

o   Referring the case to juvenile court – The officer can place the juvenile in custody and refer the case to juvenile court