There is a significant difference in how our justice system handles adult and juvenile offenders. While the adult court system is more familiar to most, the juvenile system works differently. If your child is charged with a crime, contact our legal team for help right away.

The juvenile justice system tends to emphasize help and treatment over punishment, although punishment is still a significant part of the juvenile legal system. If a juvenile is charged with a criminal offense, court hearings, trials, and sentencing differ from the adult system. Juveniles are often not detained in jails or prisons. Instead, they usually go to special juvenile detention facilities. Courts are often more willing to divert juveniles away from the criminal justice system, and your attorney may be able to help.

For a free initial legal assessment of your child’s case, call the Liberty Law Team at (215) 826-3314 and talk to our Philadelphia criminal defense lawyers.

How Juveniles May Be Charged with a Criminal Offense in Philadelphia?

Almost all aspects of the juvenile justice system differ from the adult system. This can make it especially confusing for parents whose child is charged with a criminal offense. Call a lawyer for help as soon as possible.

Delinquent Acts

First, criminal charges for juveniles are not the same as those for adult offenders. Generally, juveniles are not charged with “crimes” or “criminal offenses.” Instead, they are charged with “delinquent acts.”

The offenses themselves may be similar or even identical to crimes committed by adult offenders. However, the juvenile system seeks to shield juvenile offenders from the stigma of being labeled a criminal, so much of the terminology is different.

Petition or Written Allegation

A case against a juvenile offender often begins with a petition or written allegation. This is like a formal criminal complaint in an adult case. The petition is often completed and submitted by a police officer who takes a suspected juvenile offender into custody.

The petition must be submitted to a juvenile probation officer. At that point, the officer may review the case and determine whether legal action, if any, is necessary.

Intake Process

If a juvenile is taken into custody by law enforcement for a supposed delinquent act, they must go through the intake process before any formal hearings can begin and typically involves a juvenile probation officer reviewing the case and deciding if court action is warranted.

The intake process may involve meetings with the juvenile and their parents or guardians and various risk assessments. If formal court action is not needed, the juvenile may be sent through a diversionary track rather than formal court hearings.

Sentencing Options for Juvenile Defendants in Philadelphia

Even if a juvenile offender is adjudicated delinquent (i.e., found guilty in a juvenile court), their sentencing may differ significantly from that of adult offenders convicted of similar offenses.

Detention

If a juvenile is adjudicated delinquent, they are usually not sentenced to jail or prison. Instead, they may be placed in juvenile detention facilities. Juvenile courts often do not place juveniles in detention facilities as a first option. In fact, the juvenile justice system often tries to avoid placing kids in detention.

Juvenile detention is not jail or prison. Kids placed in detention are required to take classes and continue their schooling while in detention. They may also be offered certain therapeutic services to help them avoid re-offending.

Probation

Many juveniles adjudicated delinquent are not placed in detention but are instead placed on probation. They may remain at home with their families and in their communities while under the supervision of a juvenile probation officer.

Alternative Sanctions

In some cases, some alternative sanctions may be imposed, often as an alternative to detention. For example, our Philadelphia juvenile defense lawyers can fight for your child to be placed on house arrest and subject to electronic monitoring while also on probation rather than detention.

They might instead be required to participate in juvenile programs, such as a Youth Aid Panel or another community-based service. Still, some juveniles may be let off with a strict warning if their alleged offenses are not severe.

Detaining Juvenile Defendants

Juvenile detention is vastly different from adult jails and prisons. Not only are juveniles often detained for shorter periods compared to their adult counterparts, but the system tends to emphasize treatment and rehabilitation while in detention.

Juvenile Detention Facilities

Juvenile detention facilities focus on treating the root cause of a juvenile’s delinquent behavior. They are required to continue their schooling while in detention, and they may also be provided treatment for things like mental health problems or even substance abuse.

Some juveniles may be detained while their cases are pending. Secure detention is often only imposed when juvenile probation officers in charge of the case do not believe that releasing the juvenile to their parents or guardians is a good option after arrest.

Residential Treatment Facilities

Some juveniles may require more extensive care to address the cause of their delinquent behavior. In those situations, the juvenile may be sent to a residential treatment facility.

These facilities are often secure or semi-secure and more closely resemble inpatient treatment centers than detention facilities. Juveniles with severe mental health issues, substance dependency, or health concerns may be placed in a residential treatment facility.

House Arrest and Electronic Monitoring

Detention can take various forms in the juvenile justice system. Many juveniles are not placed in detention facilities but are instead released to their families on the condition that they submit to electronic monitoring. They might even be placed on house arrest.

FAQs about the Philadelphia Juvenile Justice System?

Can Juvenile Defendants Be Sentenced to Jail or Prison?

Most juveniles, if detained, are placed in detention facilities specifically for juveniles, and there are no adult offenders in the facility. However, some juveniles may be sent to an adult prison if they are charged as adults, usually for very serious, violent crimes. Even then, juveniles under 18 are usually housed in specialized units for young offenders rather than the general population.

When Can Juvenile Defendants Be Charged as Adults?

Juveniles may be charged as adults for very serious, violent crimes. Many juveniles are transferred to adult court and tried as adults at the prosecutor’s discretion. Some may be automatically tried as adults depending on their age and the nature of the offense. For example, a 17-year-old charged with murder would likely be automatically tried as an adult.

How Long May a Juvenile Defendant Be Placed in a Detention Facility?

If a juvenile is placed in detention while their case is pending, they usually must not be held for more than 21 days before a formal review. If they are placed in a detention facility after being adjudicated delinquent, detention usually lasts about 4 to 9 months.

What is the Difference Between Juvenile Charges and Adult Crimes?

Juvenile offenders are not charged with crimes the same way that adult offenders are. Instead, juveniles are charged with “delinquent acts,” not crimes. A lot of the terminology in the juvenile justice system is designed to avoid the stigma of the criminal justice system and give young offenders a better chance at rehabilitation.

How Young Can Juvenile Defendants Be in Philadelphia?

Generally, a child must be at least 10 to be charged with a delinquent act. Once they turn 17, they may be charged as adults. However, there are special exceptions if prosecutors or judges believe a juvenile case should be transferred to adult court. Some cases may be automatically transferred if the juvenile is old enough – usually at least 15 – and they are charged with a serious, violent offense.

Ask Our Philadelphia Juvenile Defense Attorneys for Legal Help Now

For a free initial legal assessment of your child’s case, call the Liberty Law Team at (215) 826-3314 and talk to our Bucks County, PA criminal defense lawyers.