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Juvenile Crime Defenses
|Last Updated on: 1st October 2023, 03:24 pm
Juvenile Crime Defenses
When a minor under the age of 18 is accused of commiting a crime, their case is usually heard in Juvenile Delinquency Court unless they are charged as an adult. Juveniles have many of the same constitutional rights and protections as adults in criminal court cases. However, the juvenile justice system is focused more on rehabilitation than punishment. There are a variety of legal defenses that can be used in juvenile cases to fight the charges or seek a favorable outcome.
Appointed vs Private Attorneys
Minors who can’t afford an attorney will have a public defender appointed to them at their first court appearance once charges are filed. But this means the attorney won’t be involved during the investigation stage. A private juvenile defense lawyer can get involved right away and advocate for the minor, presenting evidence to police or prosecutors that could lead to reduced or dropped charges. They may be able to negotiate with the prosecutor to reject charges or file less serious charges in many cases[1].
Fitness Hearings
For serious crimes like murder, rape, or robbery, prosecutors can file a motion asking for the juvenile case to be transferred to adult criminal court. At the fitness hearing, the judge reviews factors like the seriousness of the crime, degree of criminal sophistication, impact on public safety, and more. The goal is to decide if the rehab programs and services of juvenile court would be effective at rehabilitating the minor and preventing future crimes. If not, the case may be transferred to adult court[2].
Common Juvenile Defenses
There are many effective legal and factual defenses that can be used in juvenile delinquency cases[3]:
- False accusations – The minor didn’t actually commit the crime and was wrongly accused or arrested.
- Misidentification – Witnesses incorrectly identified the minor as the perpetrator.
- Self-defense – The minor’s actions were legally justified to protect themselves from harm.
- Lack of criminal intent – The minor didn’t intend to break the law.
- Entrapment – Law enforcement induced the minor to commit the crime.
- Duress – The minor was forced to commit the crime through threats of harm.
- Intoxication – The minor was under the influence of drugs or alcohol.
- Mental health issues – The minor has mental health problems that require treatment, not incarceration.
An experienced juvenile defense lawyer will thoroughly investigate the facts of the case and identify the best defenses to pursue given the circumstances. They will aggressively defend the minor in negotiations with prosecutors or at trial.
Diversion Programs
Many juvenile courts have diversion programs that allow first-time offenders or minors charged with minor crimes to avoid formal charges. These may require completing community service, attending counseling, writing apology letters, or other conditions. If completed successfully the charges are dropped. Diversion helps minors avoid having a criminal record[4].
Sentencing Options
If a minor is found guilty in juvenile court, sentencing focuses on rehabilitation, treatment, and supervision rather than incarceration. Typical juvenile sentences include[5]:
- Probation – The minor must follow certain conditions like curfews, school attendance, counseling, etc.
- Community service – Performing volunteer work benefits the community.
- Restitution – Repaying victims for losses related to the crime.
- Counseling or treatment programs – For substance abuse, anger management, etc.
- Out-of-home placements – Group homes or residential treatment facilities.
- Juvenile detention – Locked facilities for minors who pose a public safety risk.
Incarceration in juvenile facilities is generally shorter than adult sentences. The emphasis is on rehabilitation so minors can avoid re-offending when released.
Sealing Juvenile Records
Most states allow juveniles to petition to have their records sealed if certain conditions are met, like completing probation or staying crime-free for a period of time. Sealing records prevents access by employers, schools, housing providers, and others. It gives minors a chance at a fresh start[6]. An attorney can advise on the process and timeframes for sealing in the state.
Future Impact
The actions taken in a juvenile case can have consequences that last into adulthood. That’s why it’s critical to have an experienced juvenile defense lawyer who understands the long-term implications. The attorney should look beyond just the immediate charges to factors like the minor’s education, mental health, learning disabilities, and home environment. Addressing these underlying issues can help deter future criminal behavior[5].
With an empathetic, holistic approach focused on the minor’s best interests, a dedicated juvenile defense attorney can often achieve very favorable outcomes. They can sometimes even save a young person from having their life derailed by youthful mistakes.