Criminal Defense

For each crime committed there are a variety of defenses a defendant may use to prove his innocence, argue for the case to be dismissed or have his sentence reduced...

November 20, 2011

How does the juvenile court system differ from the adult court system?

When a child commits a crime, the court system generally treats the child differently than it does an adult who commits a similar crime.  The reason children and adults are treated differently is because children in general may not understand the consequences of their actions.  Therefore, it is not considered fair to a child who may not understand the consequences of his actions to receive the same treatment and penalty as does an adult who is fully aware of what he is doing in committing a crime.  But the courts may choose to try a child who commits a crime as an adult depending on the circumstances of the crime.  These circumstances can include:

The age of the child. A minor is generally considered to be anyone under the age of 18.  Some states have laws that do not allow a child to be tried as an adult until a certain age, whereas other states do not have such a law.  In generally, the older the child is, the more likely the child can be tried as an adult.

The type of crime. If the child commits a felony or a violent crime, they are more likely to be tried as an adult.

The criminal history of the child. If the child has a proven track record of committing crimes, the child is more likely to be considered as an adult by the courts.

When a child is tried in the juvenile court system, the following are the key areas that are different than when an adult is tried for a crime:

Who hears the evidence. Adults who commit a felony generally receive a trial by jury, where a jury of their peers hears the evidence to determine if the defendant is guilty or not guilty.  In the case of a juvenile, a judge hears the evidence against the juvenile accused of committing a crime rather than a jury.

The punishment received. In general, the punishment given to a juvenile for a crime is less severe than what would be given to an adult who commits the same crime.  But the punishment given to a juvenile can still be severe, including probation, putting the child in foster care, placing the child in a school for juvenile defenders, and sentencing the juvenile to time in a juvenile detention center.

As with many criminal matters, the exact treatment of a juvenile varies from state to state.  The information above is general in nature, so you should review the specific laws related to juveniles and crimes for your state.

What should I do if my child is accused of committing a crime?

If your child is accused of committing a crime, you need to seek the help of a criminal defense attorney immediately.  If the child is tried as an adult, the consequences can be very severe.  Therefore, you need to have an attorney start taking steps toward gathering evidence for the defense of your child against the charges.

If you complete the short form found at http://www.criminaldefensehome.com/eval_bar.php, a criminal defense attorney can begin to review your case and get you the help you need.  This initial review is completely free of charge, 100% confidential, and does not obligate you to anything further.  So please take this opportunity today to get a criminal defense attorney on your side.