If your child has been arrested or charged in a juvenile criminal case, there is important information you need to know as the parent. Juvenile cases are given special considerations under Illinois law. The law imposes certain requirements on police when detaining and interrogating alleged juvenile offenders. If your minor child is facing charges, learn more about their rights below. Then, contact a local juvenile defense lawyer.
How Are Juveniles Charged?
As with all criminal charges, juvenile charges depend on the type of crime involved. Certain crimes are considered misdemeanors, which are punishable by up to one year in jail and fines ranging from $1500 to $2500. More serious crimes may be considered felonies, which are punishable by at least one year in prison and steeper fines.
A juvenile’s age affects how they are charged. That is, their age at the time the alleged crime occurred will impact whether they are charged as an adult. If a defendant was 17 years old or younger, they are considered a juvenile defendant for a misdemeanor charge. However, if the charge is a felony, only defendants 16 or younger are considered juvenile offenders. The distinction between juvenile and adult defendants is important as it determines the potential penalties upon conviction.
Special Requirements in Juvenile Cases
Often, parents mistakenly believe police cannot question their children outside of their presence. Under Illinois law, police usually can question juveniles without their parents’ permission or presence. In fact, police only have to make a reasonable attempt to contact a parent or legal guardian once a juvenile is arrested. Usually, the police can even question a juvenile outside the presence of a lawyer.
In some cases, a juvenile defendant is detained, pending the outcome of the case. Whether or not your child is assigned to a pre-trial detention center depends on their age and the severity of the alleged crime. Usually, if the child is 10 years old or younger, they will be released into the custody of their parent or legal guardian. If a juvenile is not detained before trial, the court may require them to complete mandatory check-ins with law enforcement, electronic monitoring, and/or home confinement. In that case, it is the parent’s responsibility to make sure the juvenile appears in court and obeys any interim court orders.
Protecting Your Child’s Rights
There are numerous protections the law provides to juvenile defendants. Unfortunately, sometimes those legal rights are violated. Police may not be aware of a juvenile’s age and mistakenly handle the child as they would with an adult. Officers may not follow proper procedures when arresting, questioning, or detaining juveniles. Other violations may also occur as the case proceeds in court. It is essential to contact an experienced juvenile attorney right away after your child has been arrested. Any conviction, even for a juvenile misdemeanor, can have serious and long-lasting consequences for your child’s future.
Call Schaumburg Juvenile Defense Law Firm
Our dedicated lawyers are committed to defending juvenile defendants throughout the Schaumburg area. We can provide practical legal advice, tailored to your child’s case. Let us help protect your child’s rights and future. Contact our skilled Schaumburg juvenile defense lawyers at Glasgow & Olsson today for more information.