Juvenile Crimes Lawyer in Southern Illinois

Juvenile Crimes Lawyer in Southern Illinois

Crimes committed by children under 18 raise complex issues in the Illinois court system. Certain crimes trigger automatic transfer to the adult criminal courts, and prosecutors have discretion to transfer other cases.

The attorneys at Combs Waterkotte have over 60 years of combined legal experience fighting for the futures of juveniles accused of crimes. We’ll stand up to prosecutors to ensure a fair and just process for your child.

Why Juvenile Crimes Are Handled Differently in Illinois

Scientific research has established that psychosocial maturity remains steady throughout adolescence. It only begins to rise appreciably between 18 and 21. Psychosocial maturity includes the following characteristics:

• Impulsiveness
• Risk perception
• Thrillseeking
• Ability to delay gratification and focus on future consequences
• Resistance to peer pressure

As a result, most legal scholars believe that children and young adults are less culpable for the crimes they commit. Moreover, since they’re still maturing, juveniles, teens, and young adults are often more open to rehabilitation.

Illinois became the first state in the nation to establish a juvenile court system in 1899. This system allowed (but did not require) prosecutors to file charges against defendants 17 and under in juvenile court rather than adult criminal courts. These courts focused on rehabilitation rather than punishment.

Statutes in Illinois Covering Juvenile Crimes

Juveniles can be arrested and subjected to the justice system for violating the same criminal statutes as adults. What’s more, children and teenagers are subject to additional laws that only apply to them, such as curfews.

Common Juvenile Crimes

Juveniles commit many of the same crimes as adults. Status crimes, such as truancy and underage drinking, can only be committed by juveniles. These offenses are often the first sign that a child is headed down a troubled path.

Property crimes, such as shoplifting and vandalism, are also common. Violent crimes occur less frequently, though adolescents have committed serious felonies, such as assault, battery, and even murder.

Sex crimes can result from a mixture of curiosity, peer pressure, and sexual impulses experienced in young adulthood. Unfortunately, offenses like criminal sexual assault can result in harsh penalties, including sex offender registration, that can damage your child’s future.

Juvenile Court Jurisdiction

Illinois has a unique case-transfer process that determines whether a child or teen will face juvenile or adult court. The venue can have a significant impact on the punishment the minor may face.

Juvenile court judges favor rehabilitation and have limited authority to sentence children to imprisonment. Once in adult criminal court, however, an underage offender can face the same sentences as adults for the same crime.

Specifically, children under 18 who are charged with misdemeanors start in juvenile court, as do children 16 and under who are charged with felonies. 17-year-olds may start in juvenile or adult court, depending on the prosecutor.

Young adults 18 and older always begin in adult court unless they committed their crime while under 18 and were only arrested and charged later. In this narrow situation, their case may originate in juvenile court depending on the seriousness of the charge and their age when they allegedly committed the crime.

Transfer of Juvenile Cases

Your child’s case might not remain in juvenile court, even if it started there. Illinois law defines three procedures for transferring a child’s case to adult court. A case transfer is how a child is “charged as an adult.”

A discretionary transfer may be filed in a case involving a defendant 13 or older. The juvenile judge must consider the following elements in deciding whether to grant the transfer:

• Child’s age and education
• Child’s criminal history
• Neglect or abuse of the child
• Child’s mental and physical health
• Severity of the offense
• Whether the offense was aggressive and premeditated
• Whether the offense resulted in bodily harm or involved a deadly weapon
• Whether the minor was pressured into committing the alleged offense
• The minor’s role and degree of participation in the offense
• Whether the juvenile system has treatment available to the minor
• Whether the juvenile poses a threat to public security
• The minor’s history of participation in rehabilitative programs
• Whether the minor can be rehabilitated
• The adequacy of punishment or rehabilitation

The court must weigh the severity of the offense and the minor’s criminal history more heavily than the other factors. The court can retain the case if the factors balance evenly or favor the juvenile system.

A presumptive transfer applies to all cases where a minor 15 or older meets the following criteria:

• They’re charged with a forcible felony
• They’ve previously been found guilty of a forcible felony
• The alleged crime was gang-related

In this case, the deck is stacked against the minor. A transfer of the case to adult court is presumed to be proper unless the minor’s criminal defense attorney presents clear and convincing evidence that the juvenile court is an appropriate venue for the case based on the same factors used to decide a discretionary transfer.

In other words, these cases are transferred unless the circumstances strongly favor retaining the case in the juvenile system.

A mandatory transfer applies to cases where a minor 16 or older faces charges for any of the following offenses:

• First-degree murder
• Aggravated criminal sexual assault
• Aggravated battery with a firearm, where the juvenile allegedly discharged a gun

In these cases, the juvenile court has no power to stop a transfer, and the juvenile’s attorney has no grounds to oppose it — the case is transferred automatically.

Potential Defenses Against Juvenile Crimes in Southern Illinois

Juveniles can employ the same defense strategies whether they face charges in juvenile or adult court, including the following:

Coerced Confession

Minors are susceptible to the manipulative techniques employed during law enforcement questioning. The police might coerce a juvenile into confessing to an offense in violation of the Constitution’s Fifth Amendment.

Illegal Search

The police must have a search warrant or permission to search anyone’s body or property. If they don’t, they must show that the search falls into a recognized exception, such as the “plain sight” doctrine. Officers know that minors usually don’t understand their Fourth Amendment rights and may violate them when searching.

Lack of Intent

Many crimes require knowledge or intent. For example, drug charges like unlawful possession require proof that the minor knew they had the drugs. If a friend dropped them in your child’s car, they may have lacked the intent needed to constitute a violation.

Possible Punishments for Southern Illinois Juvenile Crimes

Juveniles convicted in adult courts can receive the same punishments as adults. Juveniles face these more serious penalties even if they plead guilty to a lesser offense after a transfer to adult court. Once a juvenile case goes to adult court, the defendant could be subjected to imprisonment lasting decades.

Conversely, juvenile court judges tend to issue more lenient sentences, including the following: