Pennsylvania Laws on Juvenile Crimes and Sentencing

Pennsylvania Laws on Juvenile Crimes and Sentencing

The juvenile justice system in Pennsylvania handles crimes committed by minors under the age of 18 differently than the adult criminal justice system. The goal is rehabilitation and providing guidance, rather than strictly punishment. However, minors can still face serious consequences like probation, fines, detention, or being charged as adults in some cases.

Common Juvenile Crimes in PA

Some of the most common juvenile crimes in Pennsylvania include:

• Shoplifting
• Underage drinking
• Disorderly conduct
• Vandalism
• Simple assault
• Drug possession
• Curfew violations

While these are often minor offenses, the stakes get higher for violent crimes like assault, robbery, or sexual crimes. In 2019, Pennsylvania saw over 22,000 delinquency cases, with theft and simple assault being the most common.

How the Juvenile Justice System Works

When a minor commits a crime in PA, the process starts with a written allegation submitted to the juvenile court instead of criminal charges like in adult court. A judge reviews the evidence and the minor either goes to trial or admits guilt through a plea-type process. If found guilty, the judge names them “delinquent” instead of convicting them of a crime. Then a disposition hearing is held to determine sentencing.

Some key differences from adult court:

• No jury trials
• Hearings are typically closed to the public
• Minors have right to counsel
• Records can be sealed/expunged

The focus is on rehabilitation and guidance, but minors can still face consequences like probation, fines, detention, or placement outside the home. In some cases, they may be charged as adults.

Common Juvenile Sentences in PA

For minor and first-time offenses, common sentences include:

• Probation – Must follow rules set by judge, like curfew, school attendance, counseling, stay away orders, etc. Failing to follow probation can lead to stricter punishments.
• Community Service – Required number of hours working for nonprofit or community organization.
• Fines – Monetary fines, often coupled with other punishments.
• Restitution – Repaying victims for losses from offense, like medical bills or property damage.
• Counseling/Treatment – Required meetings with counselors, therapists, etc. Often for drug or alcohol issues.

More severe options:

• House Arrest – Electronic monitoring, restricted movement outside home.
• Detention Centers – Locked facilities specifically for juveniles.
• Residential Placement – Live-in facilities for treatment, education, counseling.

Trying Juveniles as Adults

In PA, juveniles charged with violent felonies like murder, rape, or robbery can be tried as adults. This can happen for youth 14 or older, except for murder charges which have no age limit. If tried as an adult, they face the same punishments as adults. This can include long prison sentences and a permanent felony record.

Juvenile Record Sealing and Expungement

Many juvenile records can be sealed or expunged in PA. This removes the records from public view and certain background checks. Requirements for sealing/expungement include:

• 6 months since the final discharge from court supervision
• No convictions for felony or misdemeanor after being discharged
• Fines/costs associated with case are paid
• Expungement requires a court order after a petition is filed

However, more serious offenses like violent felonies tried in adult court typically cannot be sealed or expunged.

Collateral Consequences

A juvenile record can limit future opportunities, like:

• College acceptance/scholarships
• Joining military
• Employment
• Housing
• Driving privileges
• Ownership of firearms

Violent crimes may require registering as a sex offender. Felony charges tried as adult can follow someone for life. An experienced juvenile defense attorney is crucial for navigating the complex juvenile system and avoiding long-term consequences when possible.

Defense Attorney Assistance

A juvenile defense lawyer can provide invaluable help such as:

• Explain the juvenile court process and your rights
• Determine any illegal actions by police
• Work to get charges reduced or dismissed
• Negotiate plea bargains for lighter sentencing
• Advocate for mental health or addiction treatment when appropriate
• Fight to keep cases in juvenile court and avoid adult charges
• Seal/expunge records whenever possible

A good juvenile defense attorney will thoroughly examine the facts of the case and determine if any of your constitutional rights were violated. This includes things like:

• Illegal search and seizure
• Coerced confession
• Failure to inform of Miranda rights
• Unlawful arrest

If any violations occurred, the lawyer can file motions to suppress evidence or statements obtained illegally. This could result in charges being dismissed.

For less serious first-time offenses, the attorney may advocate for diversion programs as an alternative to formal adjudication. These involve completing requirements like counseling, community service, etc. in exchange for avoiding a conviction.

In plea negotiations, the lawyer works to get favorable outcomes like reduced charges, probation instead of detention, or record sealing. An experienced attorney knows the system and typical outcomes, helping negotiate the best resolution.

Throughout the process, a juvenile attorney ensures your rights are protected, explains what is happening, and fights for the best interests of you and your family.