Criminal Defense of Juvenile Delinquency Matters

At Robert W. Brown, Jr. and Associates, P.C., no matter what criminal offense your child may have been charged with, you will get the professional legal help you and your child need. In defending a juvenile court delinquency petition, it helps to know the inner workings of the prosecutor’s office. Robert Brown is a former State’s Attorney, so he has special knowledge of how and why these matters are brought. Mr. Brown is a respected and experienced criminal defense attorney in Lake County ready to help you with personalized, quality legal representation.

While the Juvenile Court Act speaks of lofty goals of “protection, guidance, care, custody and guardianship of the persons of boys and girls who are delinquent,” there is little that distinguishes juvenile court from regular criminal courts.

Several years ago the General Assembly changed the Juvenile Court Act and mandated that the terms dispositional and adjudicatory hearings would no longer be used, and replaced them with the more familiar criminal terms of trial and sentencing hearing. In that same spirit, the legislature now requires minors convicted of a felony to submit DNA samples to the state police to be kept on file for their lifetime.  Minors adjudicated as delinquent of certain sex crimes are required to register as juvenile sex offenders.

A police officer has the power to arrest a minor without a warrant, when he has probable cause to believe the individual is under the age of 17 and has violated or attempted to violate the law. A minor may also be arrested for violations of supervision or probation.  The juvenile court judge also has authority to issue an arrest warrant.

When a minor is accused

A minor may be charged with any violation of a federal, state or municipal law.  When charged with a traffic offense, the minor is considered an adult and the minor is directed to appear in traffic court.

Typically, minors and their parents are summoned to juvenile court when the State’s Attorney files a verified petition seeking that the minor be made a ward of the court and detailing the criminal acts alleged to have been committed. Parents are usually served with a summons and a copy of the petition by police officer or probation officer. Service must be made at least three days before the scheduled court date.

There are no statutory provisions allowing a minor to post a cash bond or sign a personal recognizance bond. Therefore, minors charged with less serious charges are released to their parents or guardian subject to court-imposed conditions.  Those conditions require the minor to do the following: not violate any criminal statute; report to juvenile probation in person as directed by the court; not possess dangerous weapons; reside with his or her parents or in a foster home; attend school or certain court-directed programs; abide by curfew requirements; stay out of certain geographic areas; not associate with certain individuals; and comply with any other court-imposed conditions.

Minors charged with more serious or violent crimes are often detained in a juvenile detention facility pending trial.

Under most circumstances, a minor will be tried in the county (venue) where the alleged violation occurred. Occasionally, the venue may be moved to another county.

Minors cannot be placed in an adult jail, lockup, detention or correctional center.  If separated from the adult population, a minor older than fifteen may be lodged in a county jail pursuant to a judicial order.  A minor taken into temporary custody by the police must be brought before a judge for a detention hearing within 40 hours, exclusive of Saturdays, Sundays and court holidays.

A minor must be brought to trial within 120 days of a written demand for trial being made.  The prosecution may be granted thirty additional days upon a showing due diligence in bringing a minor to trial.  Minors in custody must be tried within 30 days. 

The absence of a minor from a trial for a felony does not prevent the court from concluding the trial if the prosecution (through substantial evidence) shows that the minor is willfully avoiding trial.

As a general rule, a minor charged with a delinquency petition is not entitled to a jury trial. All delinquency proceedings are tried before a judge unless the Act provides for a trial by jury.

Minors may be tried as adults

Generally, minors under the age of seventeen at the time of the offense may not be prosecuted as an adult. But certain exceptions to this general rule exist:

-If the minor is at least fifteen and charged with first degree murder, aggravated criminal sexual assault, aggravated battery with a firearm in a school, or armed robbery with a gun, the minor shall be prosecuted under the criminal laws of Illinois as an adult.

 

-If the minor is at least fifteen, has been previously adjudicated “delinquent,” and the crime is a forcible felony, then after a hearing, a judge may enter an order permitting the minor to be prosecuted as an adult under the criminal laws of Illinois.  Such transfers may be mandatory, presumptive or discretionary in nature. Upon such a transfer the minor has a right to a jury trial.

-A minor who is subject to an “extended jurisdiction juvenile prosecution” has a right to a trial by jury which is open to the public.  For a minor to be prosecuted as an adult, he or she must be at least thirteen, have a history of delinquency and committed a “serious” offense.  The court may take into consideration whether a deadly weapon was involved and if the alleged offense was committed in an aggressive or premeditated manner. That minor may be sentenced as an adult, but the sentence may be stayed pending successful completion of a juvenile sentence.

A minor’s rights

At any trial, (either by a judge or jury, if allowed) every minor has the following rights:

1.  Plead not guilty or persist in any not guilty plea previously made

2. Presumed innocent of the charge(s) filed

3. Require the prosecution to prove guilt beyond a reasonable doubt

4. Not to be required to testify against oneself

5. See and hear the prosecution’s witnesses and evidence in open court and have an attorney cross-examine those witnesses

6. Present evidence or call witnesses of one’s own and have the court require them to come to court to testify

Verdict and sentencing

If the court finds that the minor is not guilty, the judge will dismiss the petition and discharge him from any detention or restrictions previously ordered. If the court finds that the minor is guilty, the judge will set a date for a sentencing hearing, to determine if it is in the best interest of the minor and the public that he be made a ward of the court.

Prior to sentencing, a social investigation report is conducted by the juvenile probation department. The report is exhaustive in content and includes the minor’s physical and mental problems, school record, personal habits, family situation and background, the impact the offense had upon the victim, and the minor’s history of delinquency or criminality.

At the sentencing hearing both the prosecution and the defense may make additions, deletions or corrections to the social investigation report. Both sides may introduce evidence, call witnesses and make arguments in mitigation and aggravation as to what they think the sentence should be. The minor also has an opportunity to address the court and make a statement.

At sentencing, a judge in a delinquency trial has a full range of options depending on the nature of the charges. The minor may be placed on supervision, probation, conditional discharge or sentenced to the Juvenile Division of the Department of Corrections.  The minor may also be sentenced to thirty days detention in the juvenile detention facility, ordered to attend school, complete court-ordered treatment or sentenced to a host of other options which are spelled out in detail below.

Sentencing options

Court supervision— “a disposition of conditional and revocable release without probationary supervision, but under such conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant [or minor] is discharged and a judgment dismissing the charges is entered.” (730 ILCS 5-1-21). Court supervision is unique to Illinois and it is a way of avoiding an adjudication of delinquency. Unfortunately, court supervision is not available in juvenile cases if the State’s Attorney (Prosecutor) objects.  Essentially, the State’s objection to court supervision bars the judge from imposing a disposition of supervision in the face of such an objection.  

Probation— “a sentence or adjudication of conditional and revocable release under the supervision of a juvenile probation officer.” Probation is for a fixed period of time but may be extended or revoked for other violations.

Conditional Discharge—similar to probation but usually involves no direct reporting to a probation officer. It often has less stringent requirements than probation.

As a condition of supervision, conditional discharge or probation, a judge may impose some or all of the following terms and conditions upon the minor:

1. May not violate any criminal statute of any jurisdiction

2. Make a report to and appear in person before any person or agency as directed by the court

3. Work or pursue a course of study or vocational training

4. Undergo medical or psychiatric treatment

5. Attend or reside in a facility established for the instruction or residence of persons on probation

6. Support his or her dependents, if any

7. Refrain from possessing a firearm or other dangerous weapon

8. Permit the probation officer to visit the minor at his or her home or elsewhere

9. Reside with his or her parents or in a foster home

10. Attend a non-residential program for youth

11.Make restitution

12. Contribute to his or her own support at home or in a foster home

13. Perform some reasonable public or community  service

14. Participate with community corrections programs

15. Pay costs

16. Serve a term of home confinement

17. Remain within the interior premises of the house within certain hours

18. Allow any person or agent designated by the court to determine compliance by allowing access to the minor’s home

19. Use an approved electronic monitoring device if ordered by the court

20. Refrain from entering a designated geographic area except upon terms as the court finds appropriate and during certain hours

21. Refrain from having any contact, directly or indirectly, with certain specified persons or particular types of persons, including, but not limited to, members of street gangs and drug users or dealers

22. Undergo a medical or other procedure to have a tattoo symbolizing allegiance to a street gang removed from his or her body

23. Refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug

24. Comply with other conditions as may be ordered by the court

The court may (as a condition of probation or of conditional discharge) require that a minor found guilty of any alcohol, cannabis, methamphetamine, or controlled substance violation, refrain from acquiring a driver's license during the period of probation or conditional discharge. If the minor is in possession of a permit or license, the court may require that the minor refrain from driving or operating any motor vehicle during the period of probation or conditional discharge, except as may be necessary in the course of the minor's lawful employment

The court shall order that a minor who is placed on probation or conditional discharge for a sex offense submit to, and successfully complete, sex offender treatment

A minor on probation or conditional discharge shall be given a certificate setting forth the conditions upon which he or she is being released

The court shall impose upon a minor placed on probation or conditional discharge, as a condition of the probation or conditional discharge, a fee of $25 for each month of probation conditional discharge, or supervision ordered by the court. (This fee may be waived or reduced by the court)

The Chief Judge of each circuit shall adopt a system of administrative sanctions for minors in violation of the terms and conditions of a sentence of supervision, probation or conditional discharge.
(Source: P.A. 93-616, effective 1-1-04; 94-556, effective 9-11-05.) [705 ILCS 405/5-720]

Removing criminal records

Expungement of law enforcement and juvenile court records is possible under some circumstances.  For minors placed on court supervision, arrested and not charged, found not guilty, or convicted of certain misdemeanors, such records may be expunged once the minor is 17.  Others (not convicted of sex offenses or murder) who are 21, or if five years have passed since any juvenile proceedings (which ever occurs later) may also be entitled to expungement if they have had no conviction for any crime since their 17^th birthday.

A finding of delinquency does not disqualify a minor from holding public office in the future or prevent licensing by a public authority.

Parents’ responsibilities

While parents may not be held legally accountable for the criminal actions of their children, juvenile court judges have the authority to order parents, guardians or legal custodians to take or refrain from certain actions. In Illinois, a parent may be ordered to pay the child’s cost of defense even if the parent himself is the victim.

Parents may also be responsible for certain civil damages caused by the child.  The court may order a parent to pay probation service fees, court restitution, and contribute to the costs of treatment for his child.           

Issues of confidentiality

Historically, juvenile court records have been deemed confidential and not open to inspection.  Police departments have been required to maintain separate records and remove the names of juveniles from regular reports.

Presently, many parties are entitled to inspect these records and there exists so many exceptions to the rule of confidentiality that even the general public may gain limited access to these records. School officials, the Illinois Secretary of State under the Vehicle Code and members of the news media, have access to considerable information.

The key to making sure that your rights and the rights of your child are protected is obtaining the services of an experienced and highly qualified criminal attorney. The Law Offices of Robert W. Brown Jr. & Associates, P.C. in Libertyville, Illinois is devoted entirely to representing the rights of those who have been arrested—we simply don’t practice any other type of law.

Note: There are thousands of criminal offenses and procedural rules in Illinois, and the General Assembly is constantly amending existing offenses, adding new ones or increasing the penalties imposed.  Therefore, it is beyond the scope of these web pages to discuss all of them.

The Juvenile Court Act of 1987, as amended, is contained in Chapter 705 of the Illinois Compiled Statutes entitled, “Courts.” Portions of Chapter 720 entitled, “Criminal Offense,” Chapter 725 entitled, “Criminal Procedure,” and Chapter 730 entitled “Corrections” also apply to juvenile cases. These publications may be found in any public library or on our Web Resource page.

DISCLAIMER: The information contained in this web page is not intended to serve as legal advice or as a substitution for a consultation with a qualified criminal attorney.  New laws are frequently passed by the General Assembly and the Appellate Courts of Illinois are constantly issuing opinions interpreting how the law is to be applied, therefore it is imperative that you consult with a legal professional.

Copyright © 2006 by Law Offices of Robert W, Brown, Jr.  & Associates P.C.  All rights reserved. You may reproduce materials available at this web site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.