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Juvenile Law Questions

Juvenile law involves defending youth under 18 who are prosecuted for committing an illegal act.

Juveniles tried in juvenile court are not entitled to a jury trial or bail. Instead of bail, they have a detention hearing where they must convince the court that they will appear if released. However, when juveniles commit certain serious crimes such as rape, murder or other violent crimes they may be tried as adults.

A judge can order not only jail time but also rehabilitative treatment such as therapy, medicine, community service, or fines. Other restrictions included in sentencing may include maintaining a certain grade average, curfews, and meeting with probation officers.

Issues involving juveniles typically focus on where the juveniles are tried, whether procedural rights were violated, whether the juvenile can be released prior to the adjudication, whether a plea bargain can be negotiated, and whether there are mitigating circumstances that make rehabilitation appropriate. Most juvenile cases are not open to the public.

Courts are more likely to give juveniles a chance for rehabilitation than adults, but probation periods typically last longer so that the court can oversee rehabilitation.

Juvenile law also encompasses ensuring that records or sealed or expunged. If a record is sealed, some agencies will know it exists, but it is not usually available for the public to see. Expunged records are destroyed. Not all records can be expunged and states vary as to the time period that must elapse before a juvenile can try to get an expungement.