Juvenile Crime: Don't Let One Mistake Damage the Life of Your Child

According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), delinquency case rates generally increase with the age of the juvenile. In 2008, U.S. law enforcement agencies arrested approximately 2.11 million youths under the age of 18. Unfortunately, the issue of juvenile delinquency is becoming more complicated and many crime prevention programs either don't exist or are unequipped to deal with the problem. In addition, as more and more concerns are raised about youth violence, a greater number of adolescent offenders are being handled in the adult criminal justice system. If your child has been charged with a juvenile crime, your first step should be to contact a qualified juvenile defense attorney to ensure your child's rights are protected.

Juveniles vs. Adult Offenders

The United States does not have a universal juvenile justice system; the laws differentiating between juvenile and adult offenders differ state-by-state. The main difference between the treatment of juvenile and adult offenders is that the juvenile court system focuses primarily on treatment and rehabilitation, while adult criminal courts are predicated on punishment. However, in more serious cases, a juvenile may be transferred to adult criminal court and tried as an adult, depending on the age of the offender, offending history, and the severity of the offense. Although many states indicate a minimum age for transfer averaging between ten and fifteen years old, nearly half of U.S. states do not specify a minimum age. In some states, there are statutory exclusion laws in place which dictate specific offenses for which prosecution as an adult is mandatory. Furthermore, as of January 2010, two U.S. states prosecute all 16- and 17-year-old juvenile offenders as adults.

Juvenile Delinquent Offenders

There are a number of circumstances dictating whether a youthful offender will be tried in juvenile court or adult criminal court, many of which vary depending on the state. If the prosecution charges an older juvenile with a particularly serious or violent offense, the prosecuting attorney may request that the juvenile be tried as an adult. An offender aged fifteen, sixteen or seventeen, for example, may be tried as an adult if they are charged with a violent crime like assault, arson or rape. Other examples of crimes which may lead juveniles to be tried in adult criminal court include:

Violent Crimes
Robbery
Homicide
Weapon's possession
Larceny/Theft
Vandalism
Auto theft
Burglary
Drug and Alcohol Violations
Drug possession
Liquor law violations
Drunk and disorderly conduct
Drug abuse
Intent to sell drugs

Juvenile Status Offenders

There are also certain offenses which apply only to juveniles and not to adults, called status offenses. In other words, these acts may be considered illegal when performed by individuals under a certain age, while remaining legal for others. Common status offenses include truancy, running away, curfew violations, incorrigibility, and underage alcohol consumption. Juvenile status offenders are distinguished from juvenile delinquent offenders in that the former offenders have not committed an act that would be considered a crime if it were committed by an adult, while the latter have.

Legal Help for Juvenile Offenders

When a minor commits a crime, they are often tried and sentenced by a court system separate from that which tries adult offenders. There are also separate institutions designated for juvenile offenders, called juvenile detention centers. After a juvenile commits a crime, it is up to the juvenile court to determine the degree of risk the juvenile poses to society, as well as the benefits incurred by incarceration in a juvenile detention center. Even though juveniles are typically treated differently than adults when charged with a crime, they still have the same rights. If your child has been charged with a juvenile crime, it is critical that you ensure your child's rights are protected. Don't let one mistake negatively affect the rest of your child's life; contact an experienced juvenile defense lawyer today.

For more information regarding juvenile crime, contact a juvenile criminal defense attorney. Andrew Sarski is a freelance author specializing in writing about legal matters.

Criminal Law Information: Fraud, Hate Crimes & Child Abuse

Criminal law is one of the most common types of law practiced in the United States. People make mistakes, and when these mistakes involve the law, it is absolutely critical that if you find yourself on the wrong side of the law that you have the best lawyer at your side to help you protect your rights and freedom. Some of the most common infractions that people find themselves involved with are child abuse laws, fraud, and hate crimes.

Child abuse laws are in place to help protect innocent people, but more and more often these days these laws are used to take advantage of innocent people. Unscrupulous people use the stigma attached with child abuse accusations to force innocent people into situations that they never wanted to be in the first place. Unfortunately, because people often instantly judge people those accused of child abuse crimes to be guilty, it takes the best lawyers to help those wrongfully accused of these reprehensible crimes to see the light of justice again.

Fraud is also one of the most common crimes that people have to deal with in the 21st century. These business crimes include insurance fraud, government fraud, tax fraud, stock fraud, financial fraud, healthcare fraud, and telemarketing fraud, and the technologies available in the computer age can turn simple and innocent mistakes into devastating and life-altering consequences. Without the expert counsel of the dedicated and experienced fraud lawyers at resource4criminallaw.com, you or someone you love could end up in jail without hope of getting the justice they deserve.

Hate crimes are another type of special crime that few people understand unless they are facing charges. What few people understand is that hate crime laws are so hazy and nebulous that virtually any act can be construed as a "hate crime" if the "victims" and lawyer have an agenda to prove or an axed to grind. People accused off these crimes need to be represernted by the best legal minds possible, and the attorneys at resource4criminallaw.com have decades of combined experience in helping people on the wrong side of hate crimes get the justice they deserve.

Resource4criminallaw.com is your one stop shop for all your criminal defense needs. Why should you trust your freedom, your fortune or even your life to secondrate public defenders? Explore Resource4thepeople.com today and see what we can do for you.

To learn more about child abuse, fraud or hate crimes, please visit our website. This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.

Defending Child Sex Crimes

During my six years as a prosecutor in Pinellas County, I investigated, prosecuted, and tried numerous cases involving child sex crimes and related offenses. During that time, I received specialized training and practical experience in interviewing child witnesses and witnesses of child sex crimes; and in gathering evidence for the purpose of building a case to present to a jury. I learned from the ground up how law enforcement and the prosecution build their cases against criminal defendants. As a criminal defense attorney, I am able to use that knowledge and experience to help defend people charged with sex crimes.

Sex Crimes Are Difficult to Prosecute

Victim Testimony

The prosecution of child sex crimes is often a difficult task for various reasons. First, once a case is initially brought to the attention of law enforcement, just getting the testimony from the alleged victim can be a difficult task. Often times, the alleged victim is either unwilling to come forward with information perhaps because the alleged suspect is a family member or if in the case of a very young minor, they may be unable to testify because if their age. From the prosecutor's perspective, child witnesses must be questioned in a way that cannot later leave them open to suggestions and arguments from the defense that words were put into their mouth. Another concern that the prosecutor may have is the fact that frequently, the alleged victim's version of what happened is not consistent over time as told to different people. Once there are inconsistent statements, this makes the task of the prosecutor that much more difficult. A good defense attorney will be able to point out and/or highlight these inconsistencies to the prosecutor and/or ultimately to a jury. Another difficulty in building a child sex case is the fact that many times the alleged victim may have a motive to lie or some bias against the alleged suspect. For example, I have dealt with cases which involve alleged victims in the middle of a contested divorce or perhaps the alleged victim is not happy with the fact that the alleged suspect is dating their parent. Motives to lie or not give truthful testimony can often pose huge road blocks for the prosecutor and end up being used by the defense to ague that there is reasonable doubt.

Corroboration of Victim Testimony through Physical Evidence

Unlike what you see on television regarding DNA, child sex crimes cases frequently lack physical evidence. The reasons for a lack of physical evidence may vary. The alleged crime may have occurred years ago. The alleged act itself may not lend itself to yielding physical evidence such as if the alleged suspect was fondling the breasts of the alleged victim. As a result, more often then not, these types of crimes are a "he said, she said." Once the case is brought to the attention of law enforcement, and it is apparent that there is no physical evidence, in order to build a case, the prosecutor and law enforcement may attempt to obtain additional evidence to corroborate the crime. This type of evidence may be obtained through investigative tools such as a search warrant. Perhaps the alleged victim and the alleged suspect were strangers to each other and the alleged victim can describe the bed spread in the alleged suspect's bedroom. Perhaps the alleged suspect has some sort of unique markings, scars, or tattoos on their body. Another very useful tool used by law enforcement is the controlled phone call. The investigation may have started with law enforcement and the alleged suspect may have no idea that he is being investigated. The alleged victim or a family member may call the alleged suspect in an attempt to elicit some type of admission to the crime while law enforcement is taping it. This type of evidence is particularly useful especially in the case of a crime that is alleged to have occurred many years ago. If the alleged suspect admits he did something wrong to the alleged victim, this is powerful evidence. In this day modern day of communication technology, law enforcement may attempt to gather corroborative evidence in the form of text messages, emails, or Facebook posts. Finally, it is not unusual for law enforcement to simply contact the alleged suspect himself and interview him to obtain admissions or a confession (Please see my blog post November 19, 2009, You Have the Right to Remain Silent... USE IT!) Interviews of a criminal suspect are areas where a criminal defense attorney can attack the prosecution's case in the form of a motion to suppress because the criminal suspect's rights were violated by law enforcement; or there was some other type of procedural defect in the interview process. These types of investigative tools used by law enforcement are the exact reason why it is imperative for someone that believes they are or may be investigated for a sex crime to seek legal counsel as early as possible. One wrong move on the part of an alleged suspect can give law enforcement all the evidence they need to gain a conviction.

You Find Out You Are a Suspect in a Child Sex Crime: What Do You Do?

You should seek out you legal counsel as soon as you are aware that you are being investigated. I cannot stress how important it is to seek legal counsel as early as possible in any criminal case. However, the stakes can be extremely high if you are going to be charged in a child sex crime. I understand that legal fees can be expensive. I have also heard people say that they would just wait and see what would happen first before they hire a lawyer. But usually that strategy ultimately makes your attorney's job much more difficult. By the time an attorney is retained; a great deal of damage may have already been done to potential defenses you may have to the crime charged.

Sentencing and Sex Crimes

The majority of sex crimes charges encompass a variety of possible sentences depending on the ages of the alleged offender and victim and the alleged conduct involved. Under the Florida Sentencing Guidelines, charges involving sex crimes usually involve the imposition of prison sentences ranging from a term of years in prison up to life. In addition to the possibility of incarceration, Florida Law mandates that certain sex crimes sentences carry very stringent statutory conditions, restrictions and designations such as a sex offender or a sex predator. Of course every criminal case is unique unto itself. However, it may be possible to defend and/or resolve your case without a prison sentence or without the imposition of the harsh sex crimes designations. Your attorney will evaluate your case and may look to some of the issues discussed above regarding problems that the State's case may have. Other issues that your attorney may be able to address are whether there is a basis to depart below the Florida Sentencing Guidelines in order to avoid a prison sentence. Based on a weakness in the State's case are they willing to negotiate a plea? Do the victim's parents not want their child to go through the litigation process? Does the alleged offender qualify under the Romeo & Juliet Law in Florida (Please see my blog post January 28, 2010, Florida's Romeo & Juliet Law).

Conclusion

My time as a prosecutor prepared me to defend clients charged with sex crimes. My experience taught me that these cases are frequently very difficult to prosecute. Retaining counsel as early as possible is imperative if you are a suspect in a criminal sex crimes case. Difficulties and deficiencies experienced by the prosecutor and law enforcement can be used to the benefit of the criminal defendant in both the determination of guilt and sentencing phases of the criminal prosecution.

Joseph Montrone, Jr.

I served the people of Pinellas County, Florida, for six years as a prosecutor and then represented people injured as a result of the negligence of others at Beltz & Ruth P.A. in St. Petersburg, Florida. In 2006, I opened my own practice to provide my client's with hands on personable representation. I strive to apply the more than 14 years of training and experience that I have obtained through my years of practice in Pinellas County and the Tampa Bay Area. Please contact me at 727-538-4155 or through my website at http://www.montronelaw.com/.

Please read my blog at http://montronelaw.wordpress.com/.