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Posted on October 4, 2024 in Juvenile Crimes

How The Adult And Juvenile Criminal Processes Differ

The adult and juvenile criminal court processes in Arizona are completely different. In Arizona, a juvenile is anyone under the age of 18. Intuitively, an adult is anyone over 18. However, 15, 16, and 17-year-olds charged with certain crimes can be tried as adults. This is reserved for the most serious crimes, including violent felonies.

If your child has been charged with a crime, it is incredibly stressful. It is natural to try to protect them with all of the resources available to you. Understanding how the criminal process for juvenile court and adult court differ is an important first step to helping them.

Court Process And Procedures

There is a separate juvenile court that handles juvenile cases. In addition to juvenile criminal matters, the juvenile court also reviews other cases affecting children like adoptions, custody hearings, and emancipation.

The juvenile court process is much less formal than adult criminal court. There tends to be more open discussion among the lawyers, judges, case workers, and others involved in the case. Their discussions revolve around how best to rehabilitate and help a juvenile stay out of trouble in the future. 

Additionally, most of the hearings are very private and closed to the public. This is to protect the child’s identity. In adult court, on the other hand, anyone can observe the proceedings. The purpose of having proceedings in a public forum is to ensure fairness.

Sentencing And Rehabilitation 

Juvenile court has an explicit focus on rehabilitation, whereas adult court tends to be focused on punishment. Instead of being found guilty, juveniles are adjudicated delinquent or deemed incorrigible. 

There are many more options for a lenient disposition (also known as the sentence in adult court) when a child is adjudicated delinquent. That’s so that the judge can craft a disposition that is likely to help the child avoid committing crimes in the future. Unlike in adult court, there is no mandatory sentencing for juveniles.

Some of the most common juvenile dispositions may include:

  • Diversion and dismissal
  • Community service
  • Apology letters
  • Probation 
  • Therapy or drug treatment
  • Curfews 
  • Paying restitution 

In some cases, a child is sent to jail. However, it is uncommon for a child to be sent to jail for as long as an adult. This is usually not the first punishment and is reserved as a last resort for juveniles who may hurt themselves or others.

Juvenile jail can be either a juvenile detention facility, a secured juvenile “camp,” or a county jail or state prison if the child is tried as an adult.

Constitutional Right To Jury 

Any adult charged with a crime has a constitutional right to a jury trial. This due process right is protected under the Fifth and Sixth Amendments. An impartial jury is fundamental to fairness in criminal court.

However, this right does not apply in juvenile cases. Kids charged with crimes in Arizona do not have a right to have their case heard by a jury. That’s because the Supreme Court concluded that juvenile delinquency hearings are technically neither criminal nor civil. Furthermore, the importance of protecting a child’s privacy is greater than the right to have a jury. 

In practice, this means that the judge decides the outcome of every juvenile criminal case.

Expungement 

Expungement is the destruction of a criminal record. It is easier for a juvenile than an adult to request expungement. In Arizona, anyone who is 18 can request expungement of their juvenile record as long as they:

  • Are at least 18 years old 
  • Haven’t been convicted of a felony after the juvenile offense
  • Paid their restitution and fines
  • Completed probation successfully 
  • Aren’t required to register as a sex offender
  • Have no pending charges

The only exception is if the juvenile was tried as an adult or adjudicated delinquent for an offense where they could have been tried as an adult. These are generally very serious offenses and don’t apply in most cases. 

A Phoenix juvenile crimes attorney can help you understand expungement and the other differences between adult and juvenile court.

Contact the Phoenix Criminal Defense Lawyers at Orent Law Offices To Get Legal Assistance Today

For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.

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