Belleville Juvenile Defense Lawyer

One of the biggest nightmares of 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. Illinois law allows for transferring juveniles as young as age 13 to adult court for serious offenses.

The Conner Law Firm defends juveniles in Belleville and St. Clair County juvenile court, fighting to keep young people out of the adult system and protecting their future from a single mistake. Helmed by Erin K. Conner, who taught Criminal Justice at McKendree University and understands juvenile law, you’ll have someone aggressively working to keep your child in juvenile court where rehabilitation rather than punishment is the goal. Don’t wait another minute to get a Belleville juvenile defense lawyer who will stop at nothing to help your child avoid life-alerting 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 pending the case. After the detention hearing, adjudication will take place. It is much like a trial where there will be a judge who determines whether your minor child is delinquent, meaning not guilty, based on the evidence.

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 will warrant this transfer 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 if it is in the best interest of the public after the hearing.

Any minor who is 15 and older with charges of a forcible felony and has a prior adjudication for forcible felony also will be tried as an adult under Illinois law. Proof shifts to the minor in question to prove through clear and convincing evidence that they should stay in juvenile court.

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 is 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.

Criminal Defense Lawyer

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

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 as long as your child successfully completes their probation and does not have any new charges added.

Sex Offender Registry Removal

If the actions your minor child made resulted in charges that required them to register for the sex offender registry, 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 Bellville community. Through rehabilitation, it is entirely possible that they can move forward into their future in a positive direction without looking back on their past.

A clean record is so important for numerous reasons, and when records can be expunged, that means that they are physically destroyed or returned. Legally, your child can then claim they have no record, and on background checks, nothing will show up. Without a permanent record, your child will be able to find good employment opportunities, go to the college they want without being rejected for the mistake they made, and even serve in the armed forces.

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. The Extended Jurisdiction Juvenile (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

Kids 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.