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Questions About Juvenile
Delinquency 1. What happens if a person under 18 is arrested? If the person is under 16, the case normally goes to Juvenile Court. However, for a child of 14 or 15, the case may be transferred to adult criminal court for certain very serious offenses. If the person is 16 or 17, in Connecticut, then
the case goes to adult criminal court, not to Juvenile Court. However, a youth
16 or 17 will normally be treated as a Youthful Offender (Y.O.) The effect of
Y.O. is that the proceedings are closed to the public, and police and court
records may be erased when the person reaches age 21, provided that he or she is
not later convicted of a felony before reaching age 21. Just as there are separate courts for juveniles, there are separate pre-trial jails. These are called "detention centers." Detention centers are, at best, unpleasant places, but workers try to make the child as comfortable as possible. The child's main objective is normally to have the Judge release him or her to the custody of parents or other responsible adults. 3. Must the delinquent child appear in Court? Yes. A child released to his or her parents will receive a summons to appear in Juvenile Court. Failure to show up in court may lead to the child's being placed in detention. Do not ignore a summons! 4. When might a Delinquency case be transferred to adult criminal court? For very serious offenses, such as murder, arson, rape, armed robbery, serious assault, etc., the Court will automatically treat the child, if age 14 or over, as an adult for criminal court purposes. Upon transfer, the child loses all the protection of the Juvenile Court. For less serious crimes, the State may petition to have the child treated as an adult. That is not common, however. 5. Does the child have rights in a Juvenile Court delinquency case? Yes. The child has rights similar to adult court, such as getting notice of the charges, right to a trial, being able to cross-examine witnesses and call his own witnesses, right to counsel, right to remain silent, right to appeal, etc. The child in Juvenile Court does not have the right to trial by jury. However, the juvenile judges will normally go out of their way to be sure that the child gets a fair deal. Juvenile courts, after all, were formed with the idea of helping the child, or reforming him or her if at all possible, rather than punishing him. 6. What if the parents can't afford a lawyer for the child? It is possible to obtain a public defender or court-appointed lawyer for the child at State expense. The parents will have to apply to the Clerk of the Juvenile Court, and complete a sworn financial affidavit. 7. Must parents be present for delinquency cases? The child has the right to have a parent or guardian present at all court hearings, and at any interrogation. The idea is that the child needs this protection. If a parent is in jail, the Corrections Department will usually bring the parent into Court. If the parents are unwilling or unable, then the Court will appoint a person, usually a lawyer, as the child's temporary guardian, for purposes of the delinquency case only. This is known technically as a "Guardian Ad Litem," or guardian for the duration of the delinquency matter only. 8. Can the child plead "guilty?" Yes, but it is called "admitting responsibility." Generally, this leads to a lesser penalty, sometimes just informal probation. The child and his parents should, of course, first consult with a lawyer before doing this. 9. What are the two types of formal hearings in a Delinquency case? A. Adjudication. The court decides if the child is in fact delinquent. This is similar to the "verdict" in adult court. B. Disposition. If the court finds that the child is in fact delinquent, it decides what to do. This is similar to the "sentence" in adult court. 10. If a child is found Delinquent, what can the Juvenile Court do? The Court will not act until a report is prepared by the Juvenile Probation Officer. The Court may also hear testimony and recommendations from other interested person. The Court then has many options. It may send the child home with a warning, although usually it will require the child to follow certain rules and meet with a Probation Officer regularly. Curfews may be imposed. The child may be required to attend counseling, submit to random urine testing for drug or alcohol use, perform community service (unpaid work for non-profit or charitable organizations), or compensate victims for their losses. The child may be required to participate at a Juvenile Justice Center, or other youth program, as an alternative to incarceration. The child may be placed in a foster home, or committted to DCF for placement in a residential care facility (special treatment school). Finally, the child may be placed at a juvenile correctional facility (which used to be called "reform school"). The Court will normally avoid correctional facility placement if at all possible. Sometimes the court will "stay" its orders, or place the sentence "on hold," provided that the child follows the rules. The Probation Officer, the child's lawyer, the Guardian Ad Litem (if any), and the Judge, all attempt to help the child avoid the criminal path. Hopefully, the parents will help also. 11. What is the difference between a delinquency case and a Family With Services Needs (FWSN) case? A delinquency case involves a child (under 16) accused of breaking the law. A FWSN case involves a child who is beyond the control of his or her parents, is habitually truant, a runaway without good cause, or otherwise in need of investigation by the Probation Officer - WITHOUT having been accused of breaking the law. 12. Does the child have rights in a FWSN case? Yes, similar to rights in delinquency cases. There is, further, no such thing as "transferring" a FWSN case to adult court. 13. If a child is found to be a member of a FWSN, what can the Juvenile Court do? After reviewing the Probation Report, and hearing testimony and recommendations from other interested persons, the Court has many options, as in a delinquency case. However, in FWSN, the Court will not order placement at a correctional facility. The Court may place certain orders "on hold", pending good behavior of the child. As a practical matter, in FWSN, the Court normally requires the child to obey reasonable home and school rules, and usually requires both child and family to accept certain counseling services. The idea is to avoid a delinquency case. However, if the child violates the FWSN orders, or probation conditions, then a delinquency petition may be filed against the child. The Court in general tries to help the child and
his or her family get along, to avoid turning the case into a more serious
matter. This guide reflects the author's experience in
the Connecticut Juvenile Court as of the date of publication. Different fact
patterns, and different jurisdictions, can always bring different results. Plus,
the law changes from time to time. It is best to consult an attorney on any
questions. |
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©2008 The Law Offices of Michael
H. Agranoff
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