Defending Juvenile Criminal Charges

Having represented criminal and juvenile criminal defendants for over 25 years, it is important to have knowledge of not only the criminal justice system, but also the juvenile justice system. While the charges are often the same in either case, both the process and resolution is often very different.

For example, there is no right to a jury trial in the juvenile justice system. Criminal charges against a juvenile are tried to a judge, not to a jury, so long as the case remains in the juvenile court system.

Certain charges may be eligible to be tried as an adult, depending on severity of the crime, age of the defendant, and other factors. If a juvenile over 14 uses a gun and commits a class A, B, or C felony, they can and are generally, tried as an adult. Additionally, if the juvenile is over 16 years of age and has a prior felony, they will be tried as an adult. The child may be tried as an adult if a Class A or B felony and over 14 years of age.

Additionally, the procedure and terms are critical in discussing the case.

1. The case initiates with a complaint and meeting with CDW (Case Designated Worker).. They will make recommendation to the county attorney on how to proceed.  The County attorney can accept their recommendation or have the case proceed to court.
2. Initial Appearance. This is the arraignment, where the juvenile defendant is told about the charges against him/her.
3. Adjudication. This is the trial of the case. It is the equal to a bench trial.
4. Disposition. This is the equivalent of sentencing in adult court. In juvenile court it is required that this be on a separate date than the adjudication.

If the case ends up with a plea, that is referred to as an admission instead of a guilty plea,

Youthful Offender is the term used to transfer to adult court where the juvenile will be tried as an adult.

If your child is charged with a criminal offense, you can hire an attorney or wait to have a public defender a[pointed. For consultation and representation, contact Michael Bouldin at 859-300-3905 or use this form.