subject: Criminal Defense For Juveniles [print this page] Choosing a representative to handle the criminal defense of a juvenile is not always easy. It is not possible for just anyone to provide adequate representation because of the differences between trying a minor and adult. An attorney needs to understand the differences in the trial, the rights of the accused, and the effect that a juvenile record will have on an individual's future. These slight differences should be noted and understood by the minor's legal representative.
The Hearing or Trial
Most of the time a juvenile is not granted the right of trial by jury. In fact, in most cases the hearings or proceedings are fairly informal. Sometimes the accused can admit guilt and then immediately be sentenced to consequences including counseling, home detention, probation, or community services. As with adults, the severity of the outcome often directly relates to the crime committed. While a hearing may be informal, it is still important for the minor to have criminal defense representation. There are no guarantees that things will go smoothly.
Juvenile Records
If a hearing is held in juvenile court, the proceedings are usually closed. This means that the minor's name is never revealed and, in a way, it offers some type of protection. In many states, a criminal defense representative will need to petition on behalf of his or her client to have the records sealed or expunged when the child reaches adulthood. If this petition is not sent in, someone else could have access to those records and they could be used against the individual at a later date.
At the time of the hearing, certain parties are notified of the proceedings as well as the outcome. For example, a copy of the situation is often forwarded to a minor's school and sometimes the name of the accused is given to the victim. Again, the laws involving access to juvenile records vary greatly from state to state. A minor's privacy is held in the hands of the state's specific laws.
Emphasis on Rehabilitation
Most of the time, the goal of a criminal defense representative in a juvenile case it to seek out some type of rehabilitation for the minor if he or she is convicted. The adult system often looks straight to punishment for those deemed guilty. Often juvenile offenses are considered delinquent acts as opposed to actual crimes. Because of this, making repayment for the damage, community service and attending classes are usually a large part of any judgment handed down. The goal is to have a minor realize the error of his or her ways, and make an adjustment early on.
