It’s difficult to imagine anything more terrifying and devastating than your child being charged with a crime. At a time when you want to do everything in your power to protect your child, parents sometimes find themselves feeling helpless and confused, in part because the juvenile justice process operates differently from the adult criminal justice system. While parents generally have some understanding of how the legal system works for adults, the juvenile court process can feel daunting. If your child is charged with a crime, it’s important to work with an attorney who focuses on criminal defense for minors and understands how juvenile court works.
Procedural Language in Juvenile Court
For starters, the juvenile justice system uses language that is different from adult court. When entering an initial plea at an arraignment, rather than saying “not guilty,” a juvenile will say “not true” or “deny.” After the prosecutor provides evidence, a juvenile can decide whether to proceed to trial before a judge or magistrate or enter a plea of “true” or “admit.” Except in rare circumstances, there are no jury trials in juvenile court. If the child admits to a charge or a judge makes a finding that the child violated the law, the juvenile is adjudicated delinquent, which is analogous to a finding of guilt. Following an adjudication of delinquency, a juvenile is sentenced at a hearing called a dispositional hearing.
Sentencing in Juvenile Court
Sentencing in juvenile court focuses more on rehabilitation than punishment. Typical sentences include terms like the following: community service, suspension of a driver’s license, a requirement to earn a high school diploma, writing an apology letter, mental health counseling, and restrictions on social media usage. Generally, juvenile courts order periods of detention only in the most serious cases. For a delinquent child convicted of a misdemeanor, a judge can order a period of detention for up to 90 days at a local detention facility. For a delinquent child convicted of a felony, a judge can order a period of detention with the Ohio Department of Youth Services. A child cannot be committed to a period of detention that exceeds the child reaching the age of 21. In the rarest of cases, a judge may order a Serious Youthful Offender sentence, where a blend of a juvenile disposition and adult sentence are imposed.
The Role of Parents
In the juvenile justice system, parents often play an integral role in the process. Parents are required to attend court proceedings, and are actively involved in ensuring the child follows the temporary orders that establish conditions for the juvenile’s release while charges are pending. Examples of conditions include attending school, maintaining medication compliance, and abiding by a curfew. Also, parents must be diligent in working side by side with lawyers to make sure there are no further hiccups in defending the case.
The Importance of Working with an Attorney Experienced in Criminal Defense for Minors
Juvenile courts are not the same as adult courts. Parents should obtain experienced juvenile defense counsel who understands the differences between the systems and how to effectively advocate in juvenile court. Skilled counsel can not only protect your child from the immediate case but also safeguard your child’s future.
