Juvenile vs Adult Offenders

While both adult felonies and all juvenile offenses are under the jurisdiction of the Superior Courts, there are differences between the two systems that make them worlds apart.

Opposing Philosophies

The greatest difference between adult and juvenile court is in their opposing underlying philosophies. In juvenile court, the emphasis is on rehabilitation, specifically, trying to intervene in the lives of troubled youths to keep them from eventually becoming prisoners in the "revolving doors" of the adult system. The philosophy of the adult system is on punishment and deterrence. Once you've crossed the line of your 18th birthday, there's no more leniency and only minimal attempts to rehabilitate adult offenders in jail or in a state penitentiary.

Juvenile Court Organization

The Juvenile Court is organized much differently than adult court. Although juveniles are charged for violating the same laws as adults, in the juvenile system these charges are referred to as offenses rather than crimes. In juvenile court, there are no jury trials as there are in adult court. The Supreme Court of the United States ruled years ago that juveniles are not entitled to a jury trial. Instead, juvenile trials are called Factfinding Hearings or Adjudications. They are held before a single superior court judge or court commissioner. These judges or commissioners hear evidence presented by both the Prosecution and Defense. After hearing the evidence, the judges then enter verdicts based on their findings of fact.

If a youth is found guilty, the judge imposes an Order of Disposition, which is juvenile court version of the adult sentence. The youth's Disposition is based on their prior criminal history and the seriousness of the current offense. A Disposition for a misdemeanor or less serious felony may be anywhere from 0-30 days in the county detention center - the juvenile version of an adult jail - plus numerous probation requirements like substance abuse counseling, community service, regular school attendance, etc.

On the other hand, when a juvenile is found guilty of a serious offense or has several prior adjudications in juvenile court, they may be committed to a State run Juvenile Rehabilitation facility for a period of anywhere from 15 weeks to 129 weeks. These facilities are the juvenile equivalent of an adult state penitentiary. They house juveniles who are persistent offenders or who commit serious or violent offenses. The three principle state facilities are Green Hill, Maple Lane, and Echo Glenn.

For more on the differences between adult and juvenile courts, go to the section on Courts.

Alternatives to Trial or Guilty Pleas

Unlike the adult system, there are many "alternative" programs available for youths that will prevent them from serving any detention time or having to take the case to trial. These programs include Diversion, Deferred Disposition, Drug Court, Chemical Dependency Alternatives, and Mental Health Alternatives. Unless your son or daughter is represented by a knowledgeable and skilled attorney who understands the criteria for these programs and how to convince the Court and Probation Counselor to grant them, your child may very well end up with a criminal conviction which they could have avoided. They may also miss an opportunity to obtain valuable counseling or treatment that will get them back on the right track in life, improve their academic achievement, develop better social skills, and keep them out of trouble in the future.

If your son or daughter has been charged with a juvenile offense, it is important to get help and effective intervention at the earliest available opportunity. Nurturing a child to adulthood is no easy task. If they make some serious mistakes or bad choices as teenagers, they need the help of an experienced attorney who will not only help them out of the legal problems, but also act as counselor's at law to educate them about the pitfalls of peer group pressure, drug abuse, and the consequences of having a criminal record that follows them into adulthood.

The Probation Counselor

Unlike the adult system, juveniles are immediately assigned a Probation Counselor as soon as charges are filed. The Probation Counselor has great power and influence with the Court in juvenile proceedings. They gather extensive background information about the youth regarding their family and home life, performance and attendance at school, personal life details, mental health history, the existence of substance abuse or anger problems, and other factors that are then submitted to the Court if the youth is found guilty at adjudication or enters a guilty plea.

If a juvenile is found guilty or pleads guilty, both the defense and prosecution make recommendations to the Court as to the appropriate disposition. However, unlike adult Court, the Probation Counselor's recommendation is given great weight. Usually the Court will enter the disposition recommended by the Probation Counselor regardless of the recommendations made by either the defense or prosecution. This is unique to the juvenile justice system, and has no counterpart in the adult court.

At Robert McKay & Associates, we work closely with Probation Counselors in order to obtain the best outcome for your child that is possible. We will also work with parents to educate them about the system, how to deal with the Probation Counselor's, and provide suggestions and guidance that will hopefully keep kids out of Juvenile Court forever. Remember that the wheels of the Juvenile Court process begin the moment a charge is filed. Don't delay in obtaining the legal representation your child needs. Call us today at 877-242-4808 for an initial consultation that may very well change your child's life.

The Role of the Parent

Another striking difference between the juvenile and adult systems is that in juvenile court, at least one parent or guardian of the juvenile must appear at each court hearing. All orders issued at these hearings are signed not only by the youth, but by the parent or guardian. Parents are considered essential parties in all juvenile offense proceedings.

With a child's consent, parents may sit in on attorney-client meetings. Parents may review legal documents in their child's case and discuss options that are available. Although the final decision of what course to pursue is up to the young client, most kids rely heavily on their parents for advice and guidance. Since many alternative programs require parents to either appear in Court with their children or participate in counseling, parents are an essential part of the process. They must understand what the Court requires of their child and may be called upon to set strict "household rules" that keep their child on the right path.

At Robert McKay & Associates, parents will be well informed about what is expected of them from the Court, the Probation Counselors, and treatment providers. My young clients will be encouraged to contact me if they have any questions or need any advice. I make it quite clear to young people that the attorney-client relationship is sacred, and that they can discuss things with me without fear that I will repeat them to anyone, not even their parents. There are times when a young client wants advice about things that they would be uncomfortable discussing with their parents. As their attorney and counselor at law, I am always there to listen.

Even when a child's case is technically "closed", I am always available to answer questions or intervene in behalf of your child if something unexpected occurs. Although a case may be inactive, the attorney-client relationship never ends.

The Attorney's Goal

My goal as an attorney and counselor at law is to keep kids out of the juvenile justice system forever. The worst feeling an attorney can have is being informed that a former juvenile client has been charged with a new offense. It is much more satisfying seeing former clients out in the community, crime free, than meeting them at the Courthouse because they've gone astray and been charged with a new offense.

So if you are looking for an experienced, skilled, and most importantly caring and sympathetic lawyer to get your child out of legal trouble, call me today at 877-242-4808 and schedule an initial consultation.

Clearing Your Juvenile Record

Many people mistakenly believe that juvenile convictions simply "disappear" when a person turns 21. That is not true. Juvenile convictions stay on your record your entire life and can be found by potential employers and the general public through Internet searches. You can, however, have juvenile convictions sealed permanently with the help of a skilled attorney.

For information on clearing juvenile convictions from the Court records, go to the section on Clearing Your Record.