The first juvenile court in the United States was created more than 100 years ago with the idea that minors had the ability to reform their behavior as they matured. However, even with a complete juvenile justice system in place, minors are still being tried and sentenced as adults at an alarming rate. It has been proven that juveniles do not have the same capacity to make good decisions or control their impulses as adults. They are also more susceptible to peer pressure. All of these areas in which minors lack maturity have been proven to contribute to the likelihood of a juvenile committing a crime. In the state of Illinois, any person who is under the age of 18 is considered a minor, though many juveniles can and are still transferred to the adult court system. When a transfer is requested, there are a number of factors that the judge will consider, including:

The Age of the Minor

One of the first factors a judge will look at when deciding if a juvenile should be tried as an adult is the age of the minor. In Illinois, any minor who is under the age of 16 is referred to juvenile court first. Age is a big factor in determining whether or not a juvenile is transferred to adult court, because it can also be a good indicator of whether or not the child will benefit from juvenile court.

The Minor’s History

Next, the judge will consider the minor’s history and background. There are a number of things that could influence a juvenile’s decision to commit a crime. The judge will examine the child’s previous criminal history, any past delinquent behavior, the child’s history with abuse or neglect, and the child’s physical and mental health history.

The Nature of the Offense

The judge will also look at the specific situation in which the alleged crime occurred. Specifically, they will look for evidence that suggests that the crime was done in a premeditated or aggressive manner, whether the minor possessed a deadly weapon during the offense, and whether or not anyone was harmed because of the crime.

Prior to 1899, there was no such thing as a juvenile justice system. Illinois was the first state to create a separate court that was solely for juvenile offenders. The juvenile justice system was created with the idea that the majority of children’s behavior can be changed and modified so that they can become law-abiding citizens. Though the juvenile justice system does differ from the adult justice system, juveniles retain many of the same rights as their adult counterparts.

Rights of Juveniles

The state of Illinois recognizes those who are age 17 and younger are juveniles who will be tried in juvenile court -- for most things. Children over the age of 15 can be tried as an adult for very serious crimes. No matter where a child is prosecuted, they have rights. These rights include:

• Right to Remain Silent: Like adults, your child has the right to not self-incriminate him or herself. Your child is not required to answer any police questioning if you and/or your child’s lawyer are not present.
• Right to an Attorney: Also like adults, your child has the right to an attorney. If your family cannot afford an attorney, a public defender will be assigned to your child’s case. The public defender assigned to your child’s case will be versed in juvenile law and will have knowledge of how the juvenile justice system works.
• Right to Talk to a Parent or Guardian: Your child also has the right to talk to you and have you present during questioning. Before your child talks to police, police should be told by the child of the child’s wish to have a parent present, and police should be told by the child how to get a hold of you.
• Right to Know the Charges: Your child has the right to know with what they are being charged. Police must explain the charges to your child and what crime they believe your child has committed.

Rights of Parents

In addition to children, parents who have a child who has been accused of a crime also have rights. These rights include:

• Right to Be Notified: If your child has been arrested, you have the right to be informed as quickly as possible of your child’s arrest. Police are required to notify you as soon as your child is arrested or before your child is being questioned.
• Right to Know Why Your Child is In Police Custody: You have the right to know why your child has been arrested and where they are being held in police custody. Police must also tell you what specific charges are being held against your child.
• Right to Be With Your Child: As your child’s parent, you have the right to be with your child at all times during questioning. This allows you to ensure that your child’s rights are being protected and that you know what is going on with your child’s case.

Has Your Child Been Arrested? A DuPage County Juvenile Defense Lawyer Can Help

No parent wants to receive the call that their child has run into trouble with the law. At the Davi Law Group, LLC, we understand that juvenile charges can be scary for both the child and the parents. Our skilled Wheaton, IL juvenile defense attorneys will make sure we do everything in our power to protect your child’s rights and innocence. If your child is facing criminal charges, call us today at 630-580-6373 to schedule a free consultation.

While drinking alcohol before the age of 21 is considered a rite of passage by many, Illinois law enforcement and the legal system do not see it that way. For a minor charged with the illegal consumption of alcohol or driving under the influence (DUI), the penalties are no laughing matter. If your child has been charged with an offense related to underage drinking, you should work with an attorney who can help you understand how to minimize any resulting difficulties.

Illegal Alcohol Consumption in Illinois

The consumption, possession, purchase, or receipt of alcohol by someone under 21 is punishable by a three-month driver’s license suspension for an offense that results in court supervision. That suspension increases to six months for a first conviction, one year for a second conviction, and driver’s license revocation for any subsequent convictions. Anyone under 21 who transports liquor can be assessed a maximum $1,000 fine. The driver could face a one-year license suspension for a first offense and a one-year license revocation for additional offenses.

Underage Drinking and Driving

Anyone under the age of 18 is a juvenile. When adolescents choose to break the law by participating in juvenile theft or other harmful behavior, we call this juvenile delinquency. In most cases, children who find themselves in trouble do not qualify for adult punishments, yet the consequences can have lasting effects. Currently, the United States faces an epidemic of juvenile delinquency. Crimes committed by one or more teens account for 20% of all criminal activity. This upward trend has experts searching for causes and the best methods of prevention.

The Expert Opinion

There is a constant debate as to what influences our behavior most, is it the genes we inherit from our family or our surroundings. Most experts agree that both play a pivotal role in our behavior choices. Children, teens, and young adults, however, are often more influenced by their surroundings. Adolescents make decisions directly relating to what is going on with their family members, friends, and their peers. These influencers are intensified by the accompaniment of a desire for material things, fashion trends, peer pressure, and financial lust, to name a few. Although any child can make a mistake that can result in legal consequences, the risk is higher when intensified by a background of:

• Poverty;
• Repeated exposure to violence;
• Drugs;
• Firearms;
• Unstable family;
• Family violence;
• Delinquent peer groups; and
• Media violence.

Suggested Preventative Measures

While state laws tend to dictate how juvenile and adult criminal cases are handled, there are some broad but universal views and beliefs within these two justice system types. It is by comparing the beliefs of each system that one begins to understand the distinct differences – including the impact that an adult case may have on a juvenile. Learn more about the differences between juvenile criminal cases and adult criminal cases, and discover how you can protect your teen from the potential consequences of an adult trial.

Rehabilitation

If there is any belief that distinguishes adult criminal cases from juvenile ones, it is that juveniles are developmentally different than adults. The perception that juveniles can be more easily rehabilitated than adults stems directly from this belief, and it can impact everything from sentencing to treatment options and release back into the community. For example, an alleged juvenile sex offender may be referred to a therapeutic program, but an alleged adult offender could be facing years of imprisonment and forced registration on the state’s sex offender site.

Public Access to Criminal Records