Although juvenile offenders commit the same crimes as adult offenders, the law treats them more leniently. This is because children need help understanding the nature and consequences of their actions. Some juvenile offenders are led into crime by life situations, and others are misled into crime by adults who should be protecting them. Hence, there is a need to correct, treat, and rehabilitate them for a complete change in behavior and a crime-free adult life.
Thus, juvenile offenders' arrest and questioning procedures differ significantly from those of adult offenders. It helps to understand what to expect after our loved one’s arrest if you are a parent or legal guardian. You can hire a criminal attorney to protect your child’s rights throughout the legal processes that follow their arrest. The attorney can also build a strong defense for your child to ensure a favorable outcome in their case.
The Juvenile Court Processes are Different From Adult Criminal Court Processes
Minors (individuals below 18) also engage in crime like adults. However, they are not treated the same as adult offenders because of their inexperience, immaturity, and age. You should expect a juvenile offender's arrest and questioning procedures to differ from an adult offenders. This is important for juveniles and parents whose children face criminal charges. It prepares you for what to expect and provides information to defend your child’s rights and fight for their best interest.
The juvenile justice system is explicitly designed to handle criminal cases involving minors. A juvenile court usually hears and determines all cases brought against minors. Although the court processes are somewhat similar to adult criminal courts, the juvenile court’s goal differs significantly. Instead of punishing minors for their criminal acts, the juvenile court advocates for rehabilitation and treatment. This gives a minor a second chance to start life afresh without involvement in crime. Thus, the arrest and questioning procedures in the juvenile justice system will be very different from what adult offenders experience.
The juvenile court serves a critical role in the lives of juvenile offenders. It operates with the belief that children are more impressionable, so they have a more significant potential to reform and adopt a new way of living than adults. A crime can ruin a child’s life, especially a grave misdemeanor or felony. If all juvenile offenders are punished for their crimes, the future of most youngsters will be ruined, creating problems for the country’s future. By rehabilitating and treating juvenile offenders, the law allows them to correct their behavior and attitudes, continue schooling, and learn other life skills for a better future for them and the entire country.
The Arrest and Questioning Procedures for Juvenile Offenders
Juvenile offenders are typically individuals who engage in crime from 10 to 18. Legally, juvenile offenders cannot face criminal penalties for their actions because of their age and inexperience. When a child engages in a crime and the police learn about it, they make an arrest, just as they would if an adult is involved. An arrest automatically leads to a police station, where the arresting officer questions the defendant. In the process of questioning, the officer will determine the defendant’s age and the details of their crime.
In some cases, the legal process ends here after the police discover that the defendant is a minor and the crime is minor. The juvenile justice system allows law enforcement officers to release juvenile offenders with a stern warning if they are involved in petty crimes.
However, the police must follow procedures to stop, arrest, and question a minor for a crime. They need probable cause for an arrest and must obtain a search warrant. If these procedures are not followed, you can raise the issue with a juvenile court judge to defend your child’s rights.
If your loved one is accused of a grave crime, the police can proceed with the booking process. They must follow the proper procedures to ensure the probation department knows the minor’s arrest. They must also notify the prosecutor to ensure that a petition is brought against the minor in a juvenile court. However, the police cannot detain a juvenile offender in jail like they do with adult offenders. The probation department takes charge of the matter.
Note that the juvenile has the right to know their charges after an arrest. The arresting officer must inform them of the reason for their arrest. If the child is to be detained, the officer must tell them and their guardians about it. If a minor is arrested without their parent's knowledge, the police must contact their parents and inform them of the arrest and the charges the minor is facing.
No Bail for Suspected Juvenile Offenders
When an adult is arrested and booked, they are temporarily detained in jail, awaiting their first appearance before a judge. If a judge grants them bail, they can guarantee their court appearances by posting bail, which allows them to return home and to their respective jobs, businesses, and lives. This is different from what juvenile offenders go through. When a juvenile is arrested, they are not detained unless a juvenile court judge concludes so after a detention hearing. Juvenile arrests do not also involve bail payments.
After your loved one’s arrest, the probation department takes custody of the minor pending a detention hearing. Detention hearings are usually held within 48 hours of a minor’s arrest. Before then, the probation department finds a suitable place to keep the minor, unlike a jail. The child’s parents are notified of the same because the law requires parental involvement in all processes following a minor’s arrest.
A detention hearing is mainly held to determine whether the minor should be detained pending the determination of their case or should be released to their parents. This primarily depends on the details of the underlying case, the minor’s history of juvenile delinquency, and the court’s options. During the hearing, the judge will discuss the pending case and the evidence against the minor. They will also discuss the likelihood that the minor will run away if released to their parents. The judge will also consider the kind of supervision the minor receives under the probation department’s watch and their home situation.
When discussing the child’s home situation, the judge will consider if the child has a parent or guardian and the kind of authority that has over the child. They will also consider the risk of harm the child poses to themselves, their immediate family, and the community. If the court concludes that it is safe and in the child’s best interests to be released to their parents, your child will return home with you. However, the court will give you and the child strict conditions to abide by as you await the determination of the pending case.
However, if the court concludes that the child should be detained pending the conclusion of their case, the judge will provide the most suitable solution, depending on the minor's age and the case details. In most cases, juvenile offenders who cannot be released after an arrest are detained in a juvenile detention center. The judge will put the probation department in charge of the minor to ensure they are well taken care of, attending school as they should and making all court appearances regarding their case.
Court Procedures in Juvenile Courts are Informal
The law seeks to protect children, including those that engage in crime. Thus, it does not subject juvenile offenders to intimidating formal court proceedings like it happens to adult offenders. Court procedures in juvenile courts are very informal. Your loved one does not need a formal ear to appear before a judge. They also do not have to behave in a particular manner to show respect to the court. This ensures they are relaxed throughout the court process.
Additionally, the judge presides over all proceedings in a juvenile court. Your child does not appear before a jury at any given time. The prosecutor presents the case before a judge, who allows the child to defend themselves. The minor can present evidence and cross-examine witnesses to influence the judge’s final decision.
When determining cases in juvenile court, the judge does not consider the evidence alone. Other factors include the juvenile's needs and interests, the circumstances leading up to the crime, the juvenile’s history of delinquency, and the likelihood of the minor becoming rehabilitated. The judge also considers the success of previous efforts to rehabilitate the minor.
Note: When filing a case against a minor in a juvenile court, the prosecutor does not file charges as they do with adult offenders. Instead, they file a petition against the court, requesting the court to review the case and determine the most suitable course of action.
The judge sustains the petition if the evidence against the minor is overwhelming. This is different from finding the minor guilty of the crime. Once the court sustains the petition against the minor, the judge determines the proper disposition, which is very different from conviction and sentencing the minor.
Questioning and Interrogating Juvenile Offenders
Juvenile offenders are also not questioned like adult offenders after committing a crime. Judges, prosecutors, the police, probation officers, and everyone involved in the juvenile justice system are taught to remain sensitive when handling children, regardless of the nature of their crimes. The police must be careful not to violate children's rights when obtaining information about an alleged crime. This helps communicate concern and care to children, which aligns with the juvenile justice system’s goal of treatment and rehabilitation. By carefully handling juvenile cases, judges, prosecutors, the police, and probation officers communicate care vital in inviting juvenile offenders for counseling and rehabilitation.
Thus, it is critical for anyone questioning juvenile offenders to maintain open communication. This way, juveniles communicate underlying issues that could have caused them to engage in crime for fair treatment. Open communication also ensures all problems regarding the underlying crime are discussed so that the court can understand the cause of the criminal acts and how the juvenile can be helped to correct their behavior and attitude. When children are treated fairly and kindly, they can positively accept an invitation to counseling, treatment, and rehabilitation for a crime-free adulthood.
The juvenile justice system encourages parents to be involved in all legal processes about their children. A parent has the right to information. This means that the police and everyone involved in their child’s life has to inform the parents what is happening to the juvenile at every step of the legal process. Parents have the right to be present when the police, the prosecutor, the judge, or the probation officer are questioning their child. If the child’s parents are unavailable, the judge must ensure that a child has a legal guardian to represent their interests throughout the court processes.
Although the juvenile justice system must protect the public, even from juvenile offenders, the same system is mandated to ensure that juvenile offenders are safe and their rights are protected. Remember that everyone, including children, has rights that must not be violated at any given time, even if they commit a crime. A juvenile offender can hire an attorney to ensure they understand their constitutional rights. The attorney will also prepare a defense to serve the child’s best interests. Here are some of the rights your child's attorney can protect from violation:
The Right to Remain Silent
Juvenile offenders have the right to remain silent during and after arrests. The police cannot force a minor to confess to a crime, even if there is solid evidence against the minor. This right protects the minor against self-incrimination. Once you understand this right, you can protect your child from providing incriminating information to the police. You can also hire an attorney to speak on behalf of your child during questioning and court hearings.
The Right to an Attorney
Even though the juvenile justice system is protective of children, you need an attorney to represent your child’s interests and protect their rights. You can hire an attorney from the start of the process when your child is arrested. The attorney will fight for your child’s rights and defend their actions to ensure the court’s final verdict is favorable.
The Right to Information
Your child has the right to information regarding their case. They should be able to review their case files at any time. They can also freely ask questions and be given prompt and accurate responses to understand the progress of their case. If you have a legal representative for your child, they must be willing to disclose information regarding your child’s case readily. You also have the right to this information to assist in decision-making.
However, these rights are usually not absolute. There could be situations where they can be limited or waived. For example, if a juvenile confesses to committing a crime and provides all the details the police need to build a case, the police cannot be accused of violating their rights. If the minor voluntarily provides information even after their rights have been read, the police can use that information as evidence against the minor. This is why it is necessary for a juvenile offender and their parents to understand their rights to remain silent to avoid compromising their case further.
In other instances, juveniles waive their right to an attorney, which gives the police leeway to question them and obtain evidence from them. However, the police must ensure the juvenile’s parents or legal guardian are present during the questioning. If the parents allow the questioning without an attorney, the police cannot be accused of violating the minor’s right to an attorney.
If a minor needs an attorney but the parents cannot afford a private one, the court can appoint a public defender to protect the child’s rights.
Some of these rights can be waived if the judge decides the minor should face trial like an adult in an adult criminal court. This could happen if the minor faces charges for a violent or grave felony and they are at least 17 years old. Minors who face trial like adults do not enjoy the same protection as those facing charges in a juvenile court.
Find a Competent Criminal Attorney Near Me
If your child is facing criminal charges in Fort Worth, you need assistance to understand what to expect and how you can help them. The juvenile justice system is complex and challenging to navigate alone. You need assistance understanding the arrest and questioning procedures to protect your loved one’s rights. You also need help to navigate the court proceedings and fight for your child’s best interests.
We have extensive experience handling juvenile delinquency cases at Andrew Deegan Criminal Attorney at Law. We can work with you and your child to understand their rights and what to expect during and after an arrest. We can also develop a solid defense against your child’s charges for a favorable outcome. Call us at 817-689-7002 to start the lengthy process with us.
