The juvenile justice system is supposed to be geared toward rehabilitation and learning rather than punishment. Although it aims to hold children 17 and under accountable for crimes they may have committed, juveniles are not typically charged in the same way as adults. In some extreme exceptions, children 15 and older can be charged as adults, but when that happens, it is typically because the crime committed was particularly egregious, such as murder or battery causing major bodily harm. Although a child may go into the system while under the age of 18, he or she can be held in a juvenile center up to the age of 20.

What Can Parents Do to Help a Child Accused of a Crime?

Know your rights and your child’s rights. Police should contact you immediately if your child has been arrested or taken in for questioning. They must legally tell you any charges your child is facing and where he or she is being held. You also have the right to an attorney, and you have the right to be present during any and all questioning of your child.

While it is widely known teens can be tried as adults in murder cases, they are sometimes tried in adult courts for drug violations or other crimes as well. Illinois is one of nine states in which anyone 15 years old and over could be automatically charged as an adult for certain drug-related crimes. 

Illinois also operates under a “once-an-adult, always-an-adult” law, meaning that if a juvenile has been charged as an adult on any crime in the past, they will be tried as an adult in every subsequent crime that he or she commits. It makes no difference what the crime is in this situation.

While everyone knows drinking under the age of 21 is illegal, that does not stop everyone. There are numerous charges minors can face if caught with alcohol and their troubles are quickly compounded if they operate a vehicle while under the influence. Also, anyone 21 or older who provides a minor with alcohol risks fines and/or jail time. If your child has been charged with an underage drinking offense, contact a skilled criminal defense attorney immediately.

Possession or Purchase of Alcohol

If a minor age 16 or older is caught in possession of alcohol or buying or receiving it, their license can be suspended for three months for ordered court supervision, six months for a first conviction, or a year for a second conviction. For a third or subsequent offense, a minor may have their license revoked. The punishment is worse if a minor has alcohol in their car. In fact, everyone in the vehicle may be fined up to $1,000, and the driver’s license may be suspended for one year.

One of the milestones nearly all American teenagers look forward to is the day they can get their driver’s license. While it means extra freedom, teens and driving have always been a dangerous combination. 

According to the National Highway Traffic Safety Administration (NHTSA), car crashes are the leading cause of death for teens. About a quarter of those fatal accidents involve an underage driver who was drinking. In 2016, 39 percent of drivers involved in fatal crashes involving alcohol were young drivers age 16 to 24. Because of this, in addition to minimum drinking age laws, many states have enacted zero-tolerance laws for underage drinking and driving.

When an adolescent under the age of 18 is accused of a criminal offense, he or she is typically tried as a juvenile. This means his or her case is handled by the Illinois Department of Juvenile Justice (IDJJ). However, there are cases in which minors are tried as adults. Sometimes, this is because the charge is one of the offenses that require the defendant to be tried as an adult: first degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm. In other cases, this is because the court has determined that it is appropriate to charge him or her as an adult.

As the parent of a minor facing a criminal charge, you must be proactive about developing an effective legal defense strategy with the help of an experienced juvenile criminal defense lawyer. Do not put it on your child to find their own lawyer or navigate the criminal defense system on their own – you might not agree with your child’s actions, but failing to help them now will have a long-lasting, negative impact on their life. Protect your child by being their top advocate.

The Differences Between the Juvenile and Adult Justice Systems

The juvenile justice system’s primary focus is rehabilitating young offenders. Because of this, juvenile courts have much more leeway than adult courts to determine appropriate dispositions for minors adjudicated delinquent. Dispositions can include incarceration, substance addiction treatment, psychological counseling, placement with another legal guardian, and anger management courses.