Juvenile “crime” is often misunderstood, and even defense lawyers who might want to handle these cases might not understand the nuances and distinctions that set these cases apart from adult criminal cases. Our lawyers represent juveniles and minors in criminal cases, working to help them through the process and avoid penalties when possible.
Minors are charged with offenses that are treated separately from crimes, focusing on rehabilitating them instead of punishing them for what they did. This can often result in years of involvement with the juvenile justice system, which is much better with a lawyer on your side. Some juveniles can also be charged as adults, where a lawyer will be almost necessary to help defend your child’s rights or return the case to juvenile court.
For a free case assessment, call Overson Law’s attorneys for juvenile crimes today at (801) 758-2287.
Possible Penalties for Juvenile Crimes in Layton, UT
When a juvenile is arrested for violating the law, they can be held in a detention center temporarily. From there, they must be given a hearing to see if their detention can continue or else they must be released back to their parents. In some cases, they hold on to the juvenile to place them in a center or foster care if their parents cannot take them.
From there, they face charges, but they are not considered “criminal,” and the charges do not result in a “conviction” if they are found to have violated the law. Instead, the juvenile is “adjudicated delinquent” in an adjudication hearing without a jury.
At this point, they might be sentenced to detention, but this is unlikely. Instead, juveniles are often made to participate in programs aimed at preventing future crime, giving them the tools they need to avoid reoffending and to participate in society. Eventually, they might be put on probation, where they can go home and return to school, potentially with an ankle monitor or other monitoring. There are also fines and restitutions, and many of these services cost the juvenile’s family a lot of money. For this reason, it is still often a huge burden on the family, and working with an attorney for juvenile crimes might help your family avoid a lot of this.
When Juveniles are Tried as Adults in Layton, UT
The idea behind having a separate juvenile justice system is that children are still learning and growing, and their decisions are not always well thought out or rational. This means that they bear less culpability for what they did and cannot be held responsible the same way that adult criminals can. However, there is often a line to draw, and some charges result in minors being “tried as adults.”
For murder and aggravated murder, anyone 16 or older can be tried as an adult for their crime. Minors 16 or older can also be charged as adults for the aggravated forms of assault, kidnapping, sexual assault, arson, burglary, and robbery, as well as attempted murder, attempted aggravated murder, and felony discharging a firearm. There are also other unlisted crimes that, if they involved a gun, can lead to being tried as an adult.
It is usually assumed that these charges will transfer to adult court for defendants 16 and older, but we can file for a “decertification hearing” to drop them back to juvenile court. For some minors, the prosecution can request the opposite – a “certification hearing” to move a minor from juvenile court to adult court.
Because the juvenile justice system can often take a long time, it is also possible for juveniles to stay in detention or in the system until they turn 25, at which point they can be transferred to an adult jail.
Common Crimes that Juveniles Are Charged with in Layton, UT
Charges for minors commonly focus on some of the most minor offenses out there. However, there are more serious violent crimes that often crop up in juvenile court as well:
Theft/Shoplifting
Minors are often accused of stealing, and these things are often handled by schools or by parents discussing an arrangement to pay back the victim. In many cases, these do not need to be referred to the juvenile justice system. However, if juveniles are caught shoplifting and a store refers them to the police, the charges might come before a juvenile court.
Graffiti/Destruction of Property
Spray paint and markers are commonly used to draw on or tag public property, such as telephone poles, bathroom stalls, and lockers. Pens and knives might also be used to carve names or other symbols into desks, bathroom stalls, and other property. This destruction of property often causes minor damage and results in low-level charges.
Drug Possession/Distribution
Minors with drugs could be charged for simple possession, possession with the intent to deliver, or actual distribution of drugs. This often involves marijuana or prescription drugs given/sold to other people.
Fighting/Assault
Fights break out between children all the time, and getting the authorities involved is often unnecessary. However, when assault does get charged by the police, it can land your child in juvenile court, where they might face serious penalties for the offense. If the offense is considered aggravated assault or involves a firearm, these actions could lead to adult criminal charges.
Child Pornography
When underage minors send each other nude pictures, they can be charged for creating those nude images of a child, for possessing them, or for distributing them to others. Even when these pictures are created or shared by other minors, they can result in serious court cases.
Sexual Assault
Unwanted sexual touching or intercourse involving dubious consent might be charged in juvenile court, potentially leading to a long-term stay in a detention center or juvenile probation program. In severe cases, minors can be charged as adults.
Call Our Attorneys for Juvenile Crimes in Layton, UT Today
Call Overson Law today at (801) 758-2287 for a free case assessment with our lawyers for juvenile crimes.
