Juvenile Offenses

In the court system juveniles are minors under the age of 18. All juvenile crimes, either felony or misdemeanor, are very serious charges and can change your life and your family's life forever. Juveniles are treated differently from adult offenders and while crimes such as shoplifting, receiving stolen property, assault, etc., are also adult offenses, the penalties for juveniles could often be more severe. An experienced attorney can make a huge difference in this process. Remember, even though the law treats juveniles differently, (for example, you do not have the right to a jury trial in juvenile court) your basic rights are still in place.

• You must be read your Miranda rights if you are placed under arrest.
• You have the right to have an attorney present during questioning
• You have the right to know the exact charges prior to going to court
• You have the right to protect yourself against self-incrimination
• You have the right confront your accuser and examine any witnesses
• You have the right to appeal the court's decision

There are separate courts, institutions, and rules governing the juvenile process. In general, courts try hard and make every effort to rehabilitate the child rather than choose incarceration. Only in extreme cases such as murder, kidnapping, arson and rape will a juvenile be tried as an adult. At that point, the courts may hold a "fitness hearing" to decide whether or not to transfer the juvenile to the adult court system. Experience legal representation is essential during these proceedings. The court will consider:

• The seriousness of the offense
• The child's criminal sophistication
• Previous offenses
• Previous attempts to rehabilitate the offender
• The court's belief that future attempts at rehabilitation will be unsuccessful

If you find yourself in a situation involving law enforcement, it is extremely important to remember the following:

• You do not have to submit to a search unless you have actually been placed under arrest. If the police ask you for permission to search, respectfully decline.
• Do not resist arrest.
• Do not volunteer any information.
• Do not answer any questions other than your name, address and phone number.
• Call your parents immediately.
• Insist that your parents and an attorney be present before answering any questions.
• Do not discuss your case with anyone other than your attorney.