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Barry Boches & Associates

What Are The Common Types Of Juvenile Cases That You Handle?

Juvenile cases are similar to any criminal offense committed as an adult. Juveniles keep getting into the same trouble that adults do, all the way up to murder. The way they’ve referred cases in this county is they try to screen them out, to see if they really need to go through the full juvenile court system. This could result in a delinquency petition being filed, or it could potentially be handled as an administrative manner with just a little intervention, without going for the whole court. This decision is ultimately up to the people at the juvenile court system when they review the matters, and see if they think it’s serious enough to take through the whole court system. But every kind of criminal case that an adult gets, juveniles can get. We’ve done cases that include drugs, thefts, robberies, burglaries, and identity theft, to name a few.

What Is The Cut-Off Age For Juvenile Cases In Illinois?

In Illinois, you are legally considered an adult for any criminal activity at age 17. However, if you commit a crime at 17, you could be charged in the juvenile system, or you could be charged in the adult system. Which court you are charged in depends on several factors. There are some juvenile cases that they consider so serious that they can be transferred to the adult court system, such as murder. Those types of cases couldn’t be heard in the juvenile court system. There are some charges that fall in-between, and you’d have to have a hearing to decide which court system you would be charged in. The judge would have to make the decision if he thought it was serious enough that the matter should go to the adult court. There are quite a few cases that tend to fall into this category, which usually involves something like armed robbery or attempted murder. These would normally be Class X felonies here, which carry up to a 6 to 30 year penalty with no probation possible.

If you’re charged and convicted as a juvenile, then you can only be held in the Juvenile Department of Corrections until your 21st birthday. Then they have to release you. As an example, let’s say some kid shot at somebody and tried to kill him, but didn’t. It would be charged as attempted murder, and everybody thought this is a heinous offense, and the kid needs to be locked up for a long time. He was 16 and he’s part of a gang, and this was clearly a gang-related shooting. If you just hold this guy until he’s 21, that’s most likely not the appropriate penalty. In these cases, the state may say, “No, we want to transfer that to adult court because it’s serious, we want to lock him up for more than that.”

Murders automatically get transferred to adult court. Serious sexual cases, and any Class X cases are going to get transferred. As you go down the line, they can’t decide to transfer charges like juvenile theft to adult court—it has to be something extremely serious. There is a little bit of variation in there, but some cases are automatically transferred, and some of them have to have a transfer hearing to see if it meets the statutory criteria, which is usually a Class X felony.

If A Serious Offense Was Committed, Could A 15 Year Old Be Tried As An Adult?

You have to be 13 years of age when you commit the serious offense for them to transfer. They can’t transfer a 12-year old juvenile’s case to adult court just because it’s the murder.

Are The Juveniles Incarcerated With Adult Inmates When They Are First Arrested For An Offense?

Juveniles are not incarcerated with adult inmates when they are arrested for an offense. They go to the juvenile detention center. Usually what will happen is the police department will call the juvenile center and say, “Look, this is what we got, what do you recommend?” The detention center will either say, “Well, let’s handle this on a local level, maybe we can deal with the local police department, just have some intervention,” or they’ll say, “No, that’s a serious charge, you better bring them down to the detention center.” The juvenile detention center will create a report for the judge, and they’ll have a detention hearing where the judge will determine if there’s immediate and urgent necessity to detain the child. That will be done very quickly. The detention center could also tell the police, “No, you can release them to the parents, in our opinion, and we’re just going to give them some little citation to come talk to us.” However, a juvenile will never go to adult jail.

For more information on Juvenile Cases In Illinois, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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