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Kathryn L. Harry & Associates, P.C.
630-472-9700Available 24/7
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Illinois defense attorneySometimes, young people make mistakes. When that happens, Illinois law allows them to be tried in juvenile court as long as they are under the age of 18. If your child has been arrested or charged with a crime, the matter will be handled in a very different way than it would be in an adult courtroom. Nonetheless, ensuring you have a good attorney to help your family through the process can make things easier on all involved.

Many Differences

Unlike proceedings in regular court, juvenile proceedings have differing nomenclature and require different people and things. For example, representation by an attorney is required in all cases in Illinois juvenile court, and in most cases, a putative offender’s parents are also required to be present. Also, under Illinois law, minors who commit crimes are not seen as criminals, per se; rather, they are seen as “delinquent minors,” and the focus in most juvenile cases is intended to be on rehabilitation, rather than retribution. This does not always play out, but the general slant of the law pointed is in this manner.

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Posted on in Arrest

juvenile justice rightsRegardless of the severity of the crime at issue, youth offenders enjoy the same protections of the criminal justice system as their more seasoned counterparts. They must be read their Miranda rights, must be told they have the right to remain silent, and must be given the right to a fair and impartial trial. In fact, juvenile offenders also enjoy additional protections to ensure fairness in treatment. For example, youth offenders are required to be represented by counsel, and this cannot be waived like it can in most circumstances pertaining to adults. The juvenile offender’s parents are also required to be in court and juvenile offenders enjoy special protections regarding confidentiality of their identity, both during court proceedings and in maintaining court records. These protections are set in stone by law. Other areas of the law are not as clear and raise questions about a youth’s rights and what he or she is capable of consenting to at an age of minority.

Rights of Juveniles

The most fundamental rights during an arrest are the rights read to us before a police interrogation. These include the right to remain silent and the right to have an attorney present during questioning. Well-established law tells us that these rights must be read to a suspect before he or she can be questioned and possibly incriminate him or herself.

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