Belleville Juvenile Defense Lawyer

One of the biggest nightmares for any parent is getting a call from the police about their child. Perhaps you were woken up in the middle of the night, surprised that your kid wasn’t home in bed like they should have been. The reality is that at any time of day, the decisions your child makes could land them in hot water. When your son or daughter is facing criminal charges, their entire future is at stake.

The Conner Law Firm defends juveniles in St. Clair County juvenile court, and in courts throughout southern Illinois, fighting to keep young people out of the adult system and protecting their future from a single mistake. Helmed by Erin K. Conner, who started her career defending juveniles in the Court system, you’ll have someone aggressively working to keep your child from the severe consequences that can be imposed even in juvenile courts. Don’t wait another minute to get a Belleville juvenile defense lawyer who will stop at nothing to help your child avoid detrimental consequences that could completely derail their future.

Juvenile Court Process

Illinois juvenile proceedings, which are governed by the Juvenile Court Act of 1987 (705 ILCS 405), focus on rehabilitation rather than punishment. This system is designed to provide care, custody, and training that serves the best interests of not only your child but also the community.

The process begins with a detention hearing, which is usually held within 40 hours of the arrest. During this hearing, it will be decided whether your child should be kept in custody or released to you with conditions while the case is pending. After the detention hearing, much like adult courts, discovery is exchanged, negotiations take place, and if no outcome can be agreed upon, adjudication will take place. Adjudication of the charge against a minor is similar in proceeding to a bench trial, with the judge determining whether the minor is legally responsible for the conduct alleged against them, and therefore, delinquent. This determination is made considering the evidence presented by the prosecution, and any refutation or rebuttal put on by the defense.

Sentencing occurs if your child is found delinquent and focuses on rehabilitative services that could include counseling, community service, probation, or even detention. Parents are expected to be involved in the treatment planning phase. It helps to read the juvenile criminal charges in Illinois parent’s guide for more information and to quickly get juvenile violent crime defense in place immediately to advocate for the most favorable outcome.

Transfer to Adult Court

The juvenile justice system in Illinois also allows for a minor to be prosecuted in adult criminal court. Specific serious offenses have been classified by the legislature as excluded jurisdiction, where the case is automatically transferred from juvenile court to have them tried as an adult. For first-degree murder, if your child is aged 16 or 17, they will automatically be transferred to adult court. Since 2016, Illinois has largely limited automatic transfers to children ages 16 and 17 for murder and aggravated sexual assault. However, any minor 13 and older could be transferred for any felony at the request of the prosecutor. In those scenarios, the prosecutor would need to file a motion and a juvenile judge would decide whether a discretionary transfer to adult court is appropriate for the case.

Understanding Extended Jurisdiction Juvenile (EJJ)

Extended Jurisdiction Juvenile (EJJ) is a midpoint for minors who are at least 13 years of age that have been charged with a felony that, while serious, doesn’t meet the criteria for automatic transfer. If your child is found guilty in this scenario, they get two simultaneous sentences – one that is a juvenile sentence and one that is an adult sentence.

The adult sentence is put on hold while they complete their juvenile sentence. Meanwhile, they are also granted adult procedural rights, which includes the right to a jury trial and public proceedings, something that usually is closed in most juvenile cases. When a minor in this situation violates the terms of their juvenile sentence or commits a new offense, the stay on their adult sentence can be lifted and that adult sentence can be immediately activated.

Criminal charges as a minor aren’t always a slap on the wrist. Your child can face harsh punishments for their crimes, and ensuring the right defense immediately gives them the best chance to avoid having a mistake they made in their youth follow them around for the rest of their lives. Don’t gamble – contact The Conner Law Firm to get them the help they need to protect their legal rights and freedom.

Juvenile Record Protection

Illinois does allow for juvenile record protection in certain circumstances:

Juvenile Record Expungement and Sealing

Under Illinois law, records are automatically expunged if one year has passed since their arrest with no charges filed. If the case is closed or discharged, automatic sealing occurs after 2 years. You can petition to have other records expunged based upon certain qualifying criteria.

Sex Offender Registry Removal

If the actions your minor child made resulted in charges that required them to register for the sex offender registry, in time, it is possible to have them removed from the list. In order to petition for removal from the sex offender registry, 5 years need to pass after a felony or 2 years after a misdemeanor, and they must finish probation, parole or their supervised release.

Before expungement, record sealing, or removal from the sex offender registry, a petitioner needs to prove through a preponderance of the evidence that they are no longer a threat to the community. Through rehabilitation and court approval, it is entirely possible that they can move forward into their future in a positive direction without a continuing requirement to register for sex offenses.

Criminal Defense Lawyer

Call (618) 277-2421 or contact the office online to schedule your initial consultation.

Frequently Asked Questions

Can a juvenile be tried as an adult in Illinois?

Yes, minor children under the age of 18 are juveniles though even as young as age 16, they can automatically be transferred to adult court for committing serious felonies such as sexual assault or first-degree murder. Minors under that age can also be tried as an adult if the prosecution files a motion to transfer the case, which happens in cases that involve juveniles with prior records. Extended Juvenile Jurisdiction (EJJ) takes a blended approach to sentencing which allows a juvenile to be tried for a felony and face both juvenile and adult requirements. Typically, this is done for more serious crimes.

Will a juvenile record affect college applications?

Yes, if your child has a juvenile record, it can impact their college applications. Many applications for universities and colleges ask about juvenile offenses, and failing to disclose information like this can result in having an acceptance to the school rescinded. Most schools tend to overlook minor incidents, especially if they are a one-off. However, any violent crimes, especially those that were charged as a felony, or repeated patterns of misconduct are weighed more heavily.

Your minor child can explore juvenile record expungement in Illinois, which can wipe their record clean. Checking school policies for the universities they wish to attend is also advised as they may still need to demonstrate the ways they have achieved personal growth, accountability, and how they intend to move into their future in a productive and law-abiding way.

Contact The Conner Law Firm

Minors don’t always think about the consequences of their actions. When they are arrested for these actions, it can be detrimental to their success and destroy their future for a foolish error in judgment they made in the heat of the moment or by hanging out with the wrong crowd.

The Conner Law Firm defends minor children in juvenile court, fighting to keep young people out of the adult system and protecting their future from a single mistake in St. Clair, Monroe, and Madison Counties, and throughout southern Illinois. Call 618-277-2421 to speak with a criminal defense lawyer in Belleville about juvenile defense for your minor child today.