The Juvenile Division of the Circuit Court has jurisdiction over cases involving juveniles.  These cases are divided between delinquency cases (crimes) and dependency cases (neglect/abuse). 

It should be noted that juveniles charged with traffic offenses are subject to the traffic laws governing adults.  Traffic Offenses involving juveniles are therefore not handled in juvenile court.  It is recommended that a review of the Criminal Law portion of this website and specifically the section on Traffic Offenses be undertaken to obtain the appropriate information regarding the laws governing juveniles charged with traffic offenses. 

Delinquency Cases

Generally, juveniles are prosecuted for the commission of crimes in a manner similar to their adult counterparts.  The primary distinction between juvenile crimes and adult crimes are that the juvenile court system is directed more toward the rehabilitation of children declared delinquent (guilty) of crimes, rather than directed toward the punishment of the children. 

Unlike the adult system, the juvenile court is limited in its ability to detain juveniles.  In most cases, the juvenile judge may detain a juvenile charged with certain serious crimes for no more than twenty-one (21) days.  In certain circumstances, where a judge may make an initial finding that a juvenile must be detained pending resolution of his case, a motion may be filed with the Court for the release of the juvenile prior to the expiration of the twenty-one (21) days. 

Even before the child’s first court date (arraignment) the Department of Juvenile Justice (DJJ) may become involved in interviewing and performing a juvenile assessment on your child which may include, but is not limited to, psychological evaluations, drug testing, home studies, and a review of the child’s juvenile record.  These assessments and investigations are intended to assist the Court in making determinations as to appropriate sentences should the child be found delinquent or consent to delinquency.  They cannot be used to prejudice the child in any proceeding in which he maintains his innocence of the crime charged. 

Pre-Trial Alternatives

There are several alternatives to having your child’s case go before a judge. 
These alternatives include the following:

• Teen Court: Teen Court is a program, available in many jurisdictions, in which the juvenile admits guilt and is permitted to have his or her  case heard before a jury of his juvenile peers.  In these cases, juveniles determine what an appropriate sentence would be and these cases are handled outside of the normal judicial system.  Penalties in these cases include, but are not limited to, letters of apology, community service hours, service as a Teen Court juror, jail tours, and writing assignments. 
• P.A.Y./J.A.S.P.:  Many jurisdictions offer diversion programs for first time offenders involved in relatively minor criminal activities.  Through these programs sponsored by the State Attorney’s Office, juveniles are required to enter into a diversion contract.  Requirements of the contract often include, but are not limited to, performance of community service hours, self-improvement courses, jail tours, essays, and/or letters of apology to the victims.  The end result of successful completion of these types of pre-trial diversion programs are a dismissal of all charges by the Office of the State Attorney. 
• Juvenile Plea: Should your child wish to enter a plea of no contest or guilty to the crime charged, the Court has several sentencing options available. Prior to the decision to enter a plea, as charged, it is recommended that you review the section in this web site under criminal law including Frequently Asked Questions and Criminal Proceedings.  Once entering a plea, the juvenile Judge can, among other things, sentence a juvenile to community control (probation), issue a judicial warning with no further sentence, order that a child perform community service, pay fines, attend various programs or sentences, or sentence a child to be committed to the Department of Juvenile Justice (DJJ) which could result in a child being placed into a secure or non-secure commitment program.

Free Consultation

Call now for a free consultation so that you may learn about what you can do to protect your child’s very important rights at no cost or obligation.  We can help you evaluate your child’s situation and prepare a plan personally suited to your child’s case.  Andrew L. Cameron has devoted a substantial portion of his law practice to the defense of juveniles.  Mr. Cameron has previously served as a Juvenile Prosecutor with the Office of the State Attorney which provides him with special insight into the handling of juvenile crimes.  

Unlike the adult criminal justice system, the goal of the juvenile delinquency court system, is to gear all proceedings toward rehabilitation rather than punishment. Consequently, although it is preferable to avoid getting into trouble with the law, it is in many ways better to get into trouble as a juvenile than as an adult. Many crimes, if committed by an adult, would carry penalties of jail or prison. Conversely, the maximum term of incarceration for most juvenile offenders is 21 days. We will assist in all areas including arrest, detention hearing, arraignment, diversion programs, trial, sentencing, probation violation and commitment programs. Find out how we can help you, contact us today.