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What Happens if My Child is Arrested?

For almost one hundred years, there has been a separate system of justice for juveniles in the United States. Legislators have attempted to design a system that focuses on rehabilitation and education rather than punishment and retribution. When a minor is arrested and taken into custody, they will likely be referred to an “intake officer” who specializes in juvenile justice. That officer will first evaluate the case and the circumstances, and then decide whether formal charges are necessary. Depending on the severity of the crime and the minor’s criminal history, an intake officer can decide not to move forward with formal charges and can choose instead from less severe penalties ranging from an informal reprimand, to counseling, compensation for property damage, or community service.

In the juvenile justice system, there are no jury trials and all cases are heard before a judge. The judge then makes the decision as to whether the minor should be adjudicated delinquent, much like being found guilty in the adult court system.

Juveniles, like adults, have to the right to an attorney and the right to remain silent. If they are in custody, law enforcement must give them the Miranda warnings so that they can better know their rights before they answer any questions.

Juvenile records are sealed, which means they are not to the public. If a juvenile agrees to and meets certain conditions, his or her record can be expunged when the juvenile reaches adulthood. 

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