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Prosecuting Minors: A Complicated Legal System
Being charged with a crime is never a positive event. Adults facing criminal accusations are often faced with the prospect of incarceration.
However, this is also true for youngsters. Minors who are accused of a crime face harsh repercussions, but it’s within a different system.
So, how are juvenile delinquency cases handled in Louisiana? Put simply, it’s complicated.
That’s because the system focuses more on rehabilitation than punishment. Because of this, everything from potential sentences to utilized terminology can be different. For instance, there are no felony or misdemeanor charges in the juvenile system. However, acts that reach the severity of these changes can still result in serious consequences.
If your child has been charged with a juvenile delinquent act in Louisiana, there are important things you should know.
A Minor’s Introduction to the Criminal Justice System
Louisiana juvenile courts are specifically tasked with handling criminal cases for individuals who are under 17 years old. In the system, any criminal act isn’t referred to as a crime. Instead, the property terminology is “delinquent act.” The Louisiana Children’s Code governs the process that comes after an arrest, and its underlying goal is to help the child.
When a minor is suspected of a crime, a police officer can detain them exactly as they would an adult. However, the case would be referred to juvenile court for assessment. Excluding weekends and holidays, the state typically has 72 hours to hold a hearing and determine if the youngster should be held in custody or released to their parents as the process plays out.
Even though the authorities handling juvenile delinquency cases in Louisiana are tasked with focusing on rehabilitation, the simple fact is that these professionals have often spent extensive time in the law. They’ve seen the worst in people, and it’s hard to forget such things.
Unfortunately, this can result in unfortunate outcomes for minors charged with crimes.
Do Minors Face Charges in Open Court?
Once a minor is charged with an act that would qualify as a criminal offense if they were an adult, the district attorney will file a petition with the court detailing what the youngster is charged with. During the answer hearing, the juvenile can either admit to the act or deny the allegations against them. If there’s an admission, the court handles sentencing.
However, there’s also the opportunity to deny the charges. In this situation, an adjudication hearing is scheduled where the state will need to prove that the juvenile engaged in delinquent behavior. While it may seem like confessing and moving on is a good idea — particularly when prosecutors claim they’ll go easy — this can often result in unnecessary hardships.
If your child finds themselves in juvenile court, the best option might be to admit to wrongdoing and accept the rehabilitative measures handed down by the court. However, your family should never make this decision without first speaking to an attorney. While the juvenile courts may differ greatly from the adult system, the consequences can sometimes be just as serious.
Potential Penalties for Juvenile Delinquent Acts in Louisiana
If a juvenile admits to the allegations against them or is adjudicated as having committed them, a disposition hearing is typically set. This is where the judge will decide on a punishment. While it’s easier to clear a juvenile record than an adult record, youngsters still face punishments similar to their adult counterparts.
For instance, Louisiana courts can hand down community service, probation, treatment programs, and restitution as possible punishments. The law also allows for “placement in secure care.” While this may not sound as scary as “incarceration” or “prison time,” the reality is very similar. Youngsters can be incarcerated for a term deemed appropriate by the courts.
Since the Louisiana juvenile court has jurisdiction over these cases until the minor turns 21, such sentences have the potential to be lengthy.
Can Minors Be Charged as Adults in Louisiana?
While the juvenile justice system is supposed to focus on rehabilitation, there’s no denying that some states are more harsh than others. Louisiana is one of those states. In fact, the legislature just recently passed a law requiring that 17-year-old juveniles be charged as adults. However, this isn’t the only instance when a minor can face adult consequences.
If an underage individual is charged with any of the following acts, they may find themselves inside an adult courtroom and facing real prison time:
- First-degree murder
- Second-degree murder
- Aggravated first-degree rape
- Aggravated kidnapping
- Armed robbery with a firearm
- Aggravated battery w/ discharge of firearm
- Forcible or second-degree rape — contingent if the victim is a child who’s at least two years younger than the offender
If a minor is charged with any of these crimes, there may be no need to learn the nuances of juvenile delinquency cases in Louisiana. Because they may find themselves in the real criminal system. In a state that prides itself on being “tough on crime,” it’s easy for a youngster to face very real and adult consequences.
What to Do if Your Child Is Charged With a Delinquent Act
Whether a minor is charged with driving while intoxicated (DWI) or murder, their best bet is to have their case heard in juvenile court. In addition to the courts only having jurisdiction until the child is 21 years old, the focus on rehabilitation and availability of confidentiality and expungement are all major advantages.
However, this doesn’t mean that you should take allegations of delinquent acts lightly. Simple mistakes can have lasting effects on your child’s life, and it’s important to remember that the prosecutor is not on your child’s side. You need someone who is, and that’s why you should work with a Louisiana juvenile delinquency attorney.
At Whiddon Criminal Defense, our team of dedicated legal professionals is ready to assist. Contact us at 318-594-4565 today to schedule your free consultation.
