Crimes committed by juveniles in Arizona are treated differently than those committed by adults. Many people think that because most are treated more lightly than adult cases, what happens before age 18 is not taken seriously and cannot impact an individual’s adult life. The repercussions are no less scary. When a child’s future is riding on the repercussions, it is perhaps scarier.
Parents are left wondering what to expect. Juvenile crimes are not handled as rigidly as adult crimes. The goal is more to guide rather than punish a child. Support needed to grow and thrive is provided. Unless a juvenile commits a serious crime such as causing bodily harm to someone or homicide, the goal is rehabilitation and treatment rather than incarceration, unless the judge sees no other option.
The Arizona Children's Code governs juvenile courts. The procedure rules provide some flexibility in deciding the consequences for a juvenile charged with a crime while mindful of fundamental rights. It is generally assumed that a child who commits a crime is not capable of making responsible choices.
Their brain is not fully developed. Juveniles are not expected to have a full scope of what is right and wrong. Often the offenses committed are regarded as the result of immaturity and inexperience. The lack of development and factors beyond the child's control, such as unsafe, abusive, and violent living conditions or neglect, give the court discretion in the appropriate action's response and decision.
The best option is often avoiding a juvenile detention center where there is the potential for behavior being worse than before unless the juvenile presents a danger to others. A judge frequently considers the input from probation officers, therapists, social workers, court professionals, and appeals from the family. Alternatives to detention include:
Adult defendants enter a plea before a federal, state, or county judge or jury or endure a trial. The court either finds the defendant guilty or acquits the defendant. There are no trials for juveniles. They receive an adjudication hearing.
The judge decides if the juvenile committed the crime with which they have been charged. When the judge finds the child responsible for the crime, they receive a disposition. The judge has the discretion to decide upon the appropriate consequences for the crime.
Instead of being labeled as convicted criminals, Arizona refers to them as delinquents. The exception to the process is when 16 or 17-year-old Arizona juveniles are charged with violent crimes, like armed robbery, aggravated criminal sexual assault, or murder or if they have substantial juvenile court cases.
Whether or not you believe in the juvenile's innocence or they acknowledged their guilt of the crime, they must have a criminal defense lawyer experienced in juvenile law representing them. A juvenile entering court without an attorney may encounter unfair conditions. The State tends to punish males more harshly than females. They may be discriminated against based on race, ethnicity, or socio-economic status.
Without representation to mitigate the severity of the charges disposition, a juvenile’s future can be permanently damaged if a court finds them delinquent for a felony or misdemeanor. In Arizona, a juvenile’s criminal disposition records are sealed from all but prosecutors, courts, and police.
A juvenile felony record gives case disposition access to security companies, hospitals, daycare centers, and schools. They have access six months after the discharge of the offense and termination of assigned probation.
Universities and junior colleges may not accept a juvenile wanting to pursue higher education if there is a spot on their record. If they are accepted, they may have trouble getting financial aid from the state. They may also face challenges in obtaining rental housing or employment and may encounter issues with immigration.
If a juvenile is remanded to a detention facility, they can come out worse than when they entered. A child who made a severe youthful mistake must have the parents on their side. The parents need to hire a skilled criminal defense lawyer familiar with the Arizona juvenile system and be on their side along with the parents.
Practicing lawyers sometimes forget the importance of providing a compassionate legal ear and appropriate behavior. Minor offenses can reach a plea deal in which the underaged offender goes through a rehabilitation program.
in some cases, a minor consumption charge may result in no charges being pressed. The minor will meet with a probation officer for a minimum of six months. If the probation officer feels the juvenile demonstrates no criminal behavior, charges can be dropped entirely, with no mark on the juvenile’s criminal record.
Arizona law permits minors with a criminal record to get a fresh start. A fresh start is not necessarily what happens. If the case was open to the public, the individual might find it challenging to get a job, find housing, or enlist in the military.
Minors who commit serious offenses can be tried as adults, which completely changes the course of their lives. Conviction is usually aimed at rehabilitating the juvenile, pointing out why what was done was wrong, and educating about the damage done by committing the crime. Minor offenses typically warrant a verbal warning, fine, or taking part in a diversion program. It is highly advisable to have a criminal defense lawyer to fight for the best deal.
Arizona’s criminal justice system is willing for minors to go to juvenile court. The option is sometimes not available for serious crimes. Juveniles are tried as adults if the severity of the offense cannot be overlooked. The following offenses by minors 14 to 17 can be tried in adult court
Underaged persons tried as adults receive the same punishments as adults who committed the crimes. There is one exception. When the person is underaged at the time of a murder, Arizona criminal law states the person must be spared the death penalty in force in Arizona.
Juveniles who commit first-degree murder can receive a natural life sentence or life sentence. The difference is eligibility for parole. Those given a life sentence are typically eligible for parole after serving 25 years. A natural life sentence carries no possibility of early release.
In that case, the future of the juvenile rapidly turns grim. The minor's criminal record is not deleted at the age of 18. For these charges, all options must be considered to ensure the lowest punishment for the crime. Less severe crimes are negotiable with a plea bargain that is acceptable to both parties.