Facts Concerning Juvenile Court And The Process

Any individual under the age of 18 that has not been transferred to an adult court is thought of as a juvenile under Tennessee law.

Although similar in nature to the standard "adult" court system, juvenile court tends to have its own process regarding the handling of cases. For example, although juvenile court has confidentiality regarding records, juveniles are not afforded jury trials or bail. Most importantly, both juvenile court and "adult" court provide the right to an attorney. Although juvenile court is usually less formal than "adult" court, the procedures and rules have to be strictly followed.

Only certain juvenile criminal offenses allow for juvenile detention. Police have discretion to return the juvenile to their parents within those particular offenses if the offense is not serious and the juvenile's conduct is appropriate. No child may be detained for longer than 24 hours without a detention hearing in front of a judge or magistrate.

Usually, a juvenile under the age of 7 is conclusively presumed to not be accountable for their actions. After age 7, the law changes. Although a juvenile between age 7 and 14 is presumed to be incapable of committing a criminal offense, if the circumstances show the juvenile was clearly able to distinguish between good and evil during the offense, the presumption is overcome. Finally an individual age 14 to 18 is always considered capable of knowing right from wrong unless circumstances suggest otherwise. Juveniles age 16 to 18 might be transferred to "adult" court and tried as an adult for murder, rape, robbery, and kidnapping offenses.

Being charged with delinquency is difficult not just for the juvenile, but for the whole entire family. If your child is charged with delinquency, you will be in court with the child throughout the entire process. You require an attorney that will properly represent your child, guard their rights, and fight for your family with commitment and compassion.

It's understand that children in some cases use poor decision making and judgment, carry out acts under pressure of their peers, make childhood errors, and do not understand the long term consequences of their actions. It's part of growing up.

Fortunately, juvenile courts pride themselves on rehabilitation of children, not always punishment. You need a lawyer that will fight for your child and ensure they have the opportunity to proceed down the correct path in life. Don't let your child's poor decisions affect their life forever. Find an attorney that deals with juvenile cases and make sure that their rights are protected.

by: Darren Drake

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