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Frequently Asked Questions about Juvenile Matters

Q: What is juvenile court?

A: Children who break the law are subject to a separate judicial system called the juvenile court system (in some states, the court may be called Family Court or Probate Court). Generally, the focus of the juvenile court system is more on rehabilitation than on punishment. In some cases, however, older juveniles who commit crimes that are serious will be charged as adults and tried in the adult criminal courts. In such cases, sentences will be in accord with adult punishment, whereas in juvenile court any incarceration is usually in a rehabilitative setting and generally ends when the juvenile attains the age of majority.

Juvenile courts in many states also hear cases involving the abuse or neglect of children.

Q: What is the maximum age for juvenile court?

A: The most common maximum age for a child to be in juvenile court is seventeen years, although some states set a maximum of fifteen or sixteen. Some states set different ages for particular types of crimes. In most states, cases involving a juvenile of any age may be transferred to adult court.

Sixty-six percent of the juveniles whose cases came before a judge in 1999 were adjudged delinquent. That's two-thirds-a significant percentage. Of those adjudged delinquent, twenty-four percent, or almost one of every four, were sentenced to a residential facility-a juvenile jail. A skilled and knowledgeable juvenile defense attorney is your best ally in the courtroom.

Juvenile Crimes Defense

If your child was arrested, you need a criminal defense attorney experienced in juvenile criminal law. At Donahue, Sowa & Magana, our law firm is one of the oldest in the state dedicated solely to the practice of criminal law, and we are experienced in representing juveniles in all Illinois juvenile crimes, including juvenile transfers who are charged as an adult, underage drinking, and drug possession. We know that the consequences of being convicted of a crime as a juvenile can severely affect your child's future.

Contact a Juvenile Crimes Defense Lawyer

If your child was accused of committing a criminal act, contact the juvenile crime defense attorneys at Donahue, Sowa & Magana at either our Lisle or Geneva office.

Juvenile Matters - An Overview

Juvenile law deals with crimes committed by children. The maximum age for a juvenile offender varies from state to state, but is most commonly seventeen. By federal law, a juvenile is a person under the age of eighteen when he or she violates the law he or she is charged with. Governmental bodies, including the federal government, states and cities, prosecute various crimes committed by children, from traffic violations to felonies like rape and murder. If your child has been charged with a crime, it is essential that you seek legal counsel from an experienced juvenile defense attorney at once so that you can preserve his or her rights and future.

Children involved in juvenile court matters have many of the same rights their parents would have if they were accused of a crime. These rights include the right to remain silent, the right to cross-examine witnesses against them and the right to be represented by an attorney. Additionally, in most states, juvenile court records are not open to the public, but are sealed, so that no one will be able to access a juvenile record. A juvenile defense attorney can explain and clarify your local practices and take some of the mystery out of a frightening situation.

What To Do If Your Child Is Arrested

There can be few more frightening or intimidating telephone calls that a parent can receive than one saying that his or her child has been arrested. The first reaction of most parents is to panic. What is a parent to do? The first, and seemingly hardest, task is to avoid giving in to that panic. Your child needs your help now, as much as at any other time in his or her life. Panicking helps neither of you. To help you and your child in this most difficult time, you should consult an experienced juvenile defense attorney.

The second task is to keep the disciplinarian in you from clouding your judgment. Many parents of children who are arrested for relatively minor offenses, such as vandalism or shoplifting, are inclined to let the justice system "teach a lesson." Although all children need discipline, a child who is under arrest faces a system that is going to be far more frightening and intimidating than any he or she has ever encountered before. Your child needs your support.

Parental Liability

Many states have adopted laws that make parents responsible for the actions of their children. Some states impose criminal liability on parents and other states provide that a parent may be sued by a person injured by their child. In addition, many cities and counties have enacted ordinances, or local laws, that make a parent guilty of an offense, such as "failing to supervise a minor," if a child breaks the law. Since the laws vary so much, and since the legal and financial consequences may be severe, you need an experienced juvenile attorney to advise you regarding your rights and responsibilities.

How the Juvenile Justice System Works

The juvenile justice system is based on the adult criminal justice system. The goal of juvenile court may differ from criminal court, but the processes have similarities in application. Both systems are based on protecting society and holding law-breakers accountable for his or her actions. Unlike adults, children may be sent to juvenile court through a variety of ways: arrest, truancy, "running away", curfew violations or referrals from teachers, victims or parents. Some youths enter alternative rehabilitation programs instead of the juvenile court system, it depends on the court, jurisdiction and if there are programs available to help the child. Others enter the juvenile justice system. A skilled and knowledgeable defense lawyer knows his or her way around the juvenile justice system and can navigate through the complex procedures to help you attain a fair conclusion for your child.

Trial as an Adult

There often is a possibility that a juvenile will be tried as an adult, in adult criminal court, rather than a hearing in juvenile court. The protections of a juvenile court proceeding do not exist in adult court. Court proceedings and records are not confidential, but are open to the public, and the court may impose the same sentence on the juvenile (jail time, fines and probation) that would be imposed on an adult. The full implications of trial as an adult can be more fully explained by an attorney knowledgeable in juvenile defense law.

Juvenile Matters Resource Links

Family and Corrections Network
FCN offers information and assistance to families of prisoners and tracks the impact of the justice system on the family.

Administration of Children, Youth & Families
This division of the U.S. Department of Health and Human Services administers the federal programs for child-focused social services; protective services and shelter for children and youth in at-risk situations; child care for working families and families on public assistance; and adoption for children with special needs.

Child Welfare League of America
The CWLA is an association of over 1,000 nonprofit entities that assist over 3.5 million abused and neglected children and their families each year with a wide range of services.

The Children's Defense Fund
Nonprofit organization CDF offers programs and lobbying on children's issues including juvenile justice.

Center on Juvenile & Criminal Justice
The CJCJ promotes "balanced and humane criminal justice policies that reduce incarceration and promote long-term public safety" by developing community, policy and education programs.

Donahue, Sowa & Magana—with offices in Geneva and Lisle, Illinois—is dedicated to defending the rights of people throughout the Chicago metropolitan area, including the cities such as DeKalb, Naperville, Wheaton, Joliet, Downers Grove, Elgin, and Aurora.
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