Do Juveniles Ever Really Go to Jail?

 Posted on December 26, 2024 in Arlington Heights

The Illinois juvenile justice system has made a conscious shift from a punitive approach to a rehabilitative one over the years. Despite this, youth recidivism remains an issue of concern. Over a three-year period (between 2016 and 2019), 87 percent of juveniles who entered the juvenile justice system were re-arrested. Since that time, the state has worked hard to address the more complex needs of juveniles through individualized, intense programs.

The call in the middle of the night telling a parent that his or her child is accused of committing a juvenile criminal offense is never easy. Teens often make one-time bad decisions that should not affect the rest of their lives.  Most parents are unfamiliar with the juvenile justice system and may be unsure of what steps to take to help their child while safeguarding his or her future. This is a time when a Buffalo Grove, IL juvenile criminal defense attorney can make a significant difference in the outcome of your child’s charges.

What Happens After a Juvenile is Arrested?

Two things can occur once a juvenile is arrested: a station adjustment and a referral to juvenile court. A station adjustment occurs when the police make a record of the arrest but release the juvenile to his or her parents rather than referring the case to juvenile court. A minor can only have nine station adjustments before the case must be referred to court.

If the case is referred to court, a point system will be used to determine whether the juvenile will be detained before the first court hearing. The point system considers the nature of the charges and whether the juvenile has a history of delinquency. Unless the juvenile scores high on the point system, he or she will be sent home with an order to appear in juvenile court on a specific date.

What Parents Need to Know About the Detention Hearing

At the detention hearing, a juvenile judge will determine whether probable cause exists to show that the juvenile committed a crime. If probable cause is present, the judge will then decide whether the juvenile will be held at the Juvenile Temporary Detention Center until a trial can be held. Often, a judge will release a juvenile into his or her parent’s custody, sometimes with conditions like home confinement or electronic monitoring.

What Happens at the Trial?

There is no jury in juvenile court; the judge will hear evidence at the trial and determine whether the charges are true. If the judge determines the charges are true, he or she will deem the juvenile a delinquent and set a time for sentencing.

If the judge finds the charges are not true, the matter is dismissed. During the sentencing phase, the judge will often ask a probation officer to "study" the juvenile and his or her family, school, medical history, and any prior police records. The possible sentences include

• The judge can make the juvenile a ward of the court.
• The judge can place the juvenile outside his or her home for treatment.
• The juvenile can be placed on probation.
• The judge can place the juvenile in a detention facility for 30 days.
• If the offense is for something an adult would be put in jail for, the juvenile can be sent to the Illinois Department of Juvenile Justice for a few months or until the day the juvenile turns 21.

Could My Child Go to Prison?

If the charges are especially serious (murder, sexual assault, armed robbery) and the juvenile is 16 or older at the time of the offense, he or she may automatically be prosecuted as an adult. This can include being tried in "regular" criminal court and receiving an adult sentence, including prison.   

Contact a Lake County, IL Juvenile Criminal Defense Lawyer

When you choose The Law Offices of Matthew R. Gebhardt, P.C., you will have an attorney with broad experience in all facets of juvenile criminal law who formerly worked as a prosecutor for the Cook County State’s Attorney’s Office. Having an experienced Libertyville, IL juvenile criminal defense attorney by your side often results in a more positive outcome. Call 847-239-4703 to schedule your free consultation.