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

No matter how heinous their crimes might seem, juvenile offenders are, by all standards, children. They do not always understand the consequences of their actions, may struggle with impulse control, and have brains that are not yet fully developed. Yet, in Illinois, and in other states throughout the country, they are serving life sentences for crimes they allegedly committed.

A recent ruling from the U.S. Supreme Court, in which it was deemed unconstitutional to incarcerate a minor for life without parole, gives these offenders the chance to appeal their former sentences. Unfortunately, there may be more who receive the exact same type of sentence in the very near future. If your child is being charged with a serious or violent crime, the following can help you better understand what they may be up against and how you can attempt to protect them from a life behind bars.

Children Serving Life Sentences

News sources indicate that some 80 children have been sentenced to life sentences without parole in the state of Illinois. After the 2012 Supreme Court ruling that deemed it unconstitutional to incarcerate a child for life, Illinois examined their own laws in 2014. Because of these two rulings, all 80 of the inmates were given the right to pursue resentencing for their crimes.

No matter how old children get, parents will seek to protect them and provide them with the best life possible. Therefore, if it is within a parent's power, he or she will want to provide his or her child with the best possible defense when facing a legal battle.

Understanding the laws surrounding one's criminal allegations is imperative to any successful defense strategy, and as of January 1, 2017, a new round of legislation will take effect regarding juvenile defenses.

Expungement Changes 

At any age, even small charges remain on a criminal record no matter the outcome of the case. Criminal accusations can dramatically alter the life of a teen, potentially preventing future employment opportunities and lessening the probability of a degree in higher education. However, with the new year, new possibilities are available to erase the dark marks through expungement. Certain criteria must be met to qualify, including: