Charlotte Criminal Lawyer Blog
Juvenile Delinquency
Children are minors under the age of 18. Once a child reaches their 18th birthday, they become an adult. Minors often break the law, but when they do, it is usually considered juvenile delinquency. If your child was charged with a crime, such as theft, they will likely go through the juvenile court system. An experienced juvenile delinquency defense attorney can explain what to expect and the potential consequences if your son or daughter is facing charges in North Carolina.
What is Juvenile Delinquency?
Juvenile delinquency is a term used to describe repeated unlawful acts committed by a person under the age of 18. In North Carolina, juvenile delinquency laws generally pertain to minors ages 6 to 16. Those who are 16, 17 or 18 may be considered minors or adults based on a variety of circumstances. Juvenile infractions are typically handled through the juvenile court. The consequences of juvenile delinquency relies most often on rehabilitation rather than punishment, again, depending on the severity of the crime.
What are Acts of Delinquency?
In general, acts of delinquency are acts that are criminal when they are committed by an adult. These include misdemeanors, felonies, and status offenses. Misdemeanors are classified most often as minor offenses. Some examples include theft, assault, and disorderly conduct. Felonies are more serious charges that include such things as robbery, burglary, and aggravated assault. Status offenses are infractions that apply to minors like curfew violations and truancy, for example.
How Does Juvenile Court Work?
The first step in the process is a detention hearing, which occurs within 48 hours. The court will decide whether to hold the minor in a juvenile detention facility before trial. That decision is based on the severity of the crime, and the risk to the public, among other factors. A juvenile petition will be filed stating the specific charges. A judge presides over an adjudicatory hearing where the judge will determine whether the minor is delinquent after reviewing evidence in the case. If found to be delinquent there will be a disposition hearing to decide the sentence.
What are the Potential Penalties for Juveniles?
Juveniles who have been adjudicated delinquent will face penalties for their actions. The judge will determine the penalties based on various factors including the severity of the crime and whether the juvenile has committed other crimes in the past. Some of the options available for sentencing include probation, community service, and restitution. In some cases, a juvenile may be required to spend time in a juvenile detention center. In some cases, a diversion program may be available for a first-time offender. Generally, penalties focus on rehabilitation programs and counseling to educate juveniles to help prevent future crimes.
An experienced attorney can help with juvenile delinquency cases. Your attorney will review the charges and will advocate on behalf of your child in court. You want to make sure that your child’s rights are protected as they go through the legal process. Your lawyer will seek the lowest penalties and keep the minor from getting a permanent criminal record.
To learn more, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation today.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/defendant
https://www.law.cornell.edu/wex/plea_bargain
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