Sponsored by: Virginia Criminal Defense Attorney
Parents can only do so much to help their children behave in good conduct. But sometimes, despite their parents’ efforts, children can end up in trouble with the law. When children violate the law, it is referred to as juvenile delinquency.
It can be a difficult experience to see your child go through criminal charges. In this situation, you will want to understand what your child is facing. This article will cover some things parents should know about juvenile delinquency.
Juvenile Delinquency Charges
Minors can face two types of charges. These charges are delinquent acts and status offenses.
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Delinquent Acts
Delinquent acts refer to crimes committed by minors which are also considered criminal offenses if committed by adults. Referring to crimes by minors as “delinquent acts” helps protect the privacy of minors as they grow. Delinquent act charges can still lead to fines and serving time at juvenile hall.
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Status Offense
A status offense is considered a crime only if committed by a minor. They are only offenses for minors because of their age. If an adult commits those acts, the court will not consider them an offender.
Such acts include alcohol consumption or possession, breaking curfew, and skipping school. Minors caught for status offenses may not be in as much legal trouble as they would be with delinquent acts. However, they may still face fees and required community service.
Juvenile Delinquency Release Details
When faced with a criminal charge, the two options are to release the child to their guardian or take them to a juvenile hall. The arresting officer and the juvenile probation officer would decide on the two options.
If your child commits a status offense or a minor delinquent act, the court will release them to your custody. On the other hand, your child will be taken to the juvenile hall if they commit a major delinquency act. In such a situation, you have the right to meet them and be present in their interviews and hearings.
The detention hearing will be your minor’s first appearance before the judge in court. It is similar to a defendant’s arraignment in criminal court. Here, the judge will decide whether your child will remain in the juvenile hall while the case is pending or not.
Juveniles are, by law, not entitled to bail as of right. But, your child may be released to you under strict conditions. These conditions include wearing a monitoring anklet, or a strict curfew.
Constitutional Rights of Juveniles
In a juvenile delinquency case, your child has the right to legal representation. Your child’s attorney can appear in court and during other important stages of the legal process. The state must provide lawyers to children who cannot afford them.
The constitutional right to silence also extends to minors. You can inform your child not to talk to the police when you or your attorney are absent.
Adult Trials
Some offenses can lead your child to be tried as an adult if they are above 14 years. These offenses include murder, armed robbery, sexual battery, aggravated battery or assault, and burglary.
Conclusion
Having your child associated with the criminal justice system is not something any parent would want. But, if it happens, it is necessary to know what to expect and how the legal process works. This will help you defend your child appropriately and hopefully regain their freedom.
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