Category Archives: Juvenile Offense

How Does Juvenile Court Work?

Juvenile Offense,

No parent ever wants to hear the words “juvenile court.” It’s unfortunate, but inevitably, some parents will.

North Carolina sees “juvenile delinquents” as individuals who can be rehabilitated. “Adults” of any age will be held responsible for criminal acts they commit, so they are arrested, charged, put on trial and sentenced if they are found guilty.

If your child is in trouble with the law, it helps to understand how it all works, and what you can expect.

The Basics

How Does Juvenile Court Work?The focus of juvenile court is rehabilitation instead of jail time. If someone underage commits a wrongful act that’s classified as misdemeanor, it’s generally called a “delinquency.” There is no jury in juvenile court, and all decisions are made by a judge, who has a wider selection of rehabilitation options instead of just incarceration.

While juveniles are given punishment for breaking the law, there are a number of options besides standard jail sentences available for youthful offenders. They can also have their records wiped clean after 18 or 21 by participating in rehabilitation. Alternative sentences, such as spending time in a youth development center, probation and driving restrictions are also available.

The word “crime” usually refers to an adult offender. There are juveniles who commit “adult” crimes, and these individuals are tried as adults. The severity of the crime allows a judge to bypass the juvenile court system. Incarceration is the most likely outcome.

Delinquent vs. Undisciplined

A “delinquent” is a juvenile who has committed a crime, including traffic citations. The severity of the crime is the determining factor. Most individuals in the juvenile court system are accused of misdemeanors, such as vandalism, underage drinking, and shoplifting.

An “undisciplined” juvenile is one who skips school frequently, goes into places they shouldn’t be (i.e., bars), has been a runaway, and is outside the discipline of his or her parents, custodians or guardians.

Juvenile Justice

This is the name North Carolina gives to the division of the criminal justice system that deals with anyone under 15 that commits a criminal act. It also deals with 16- and 17-year olds who get into trouble. Most offenses can be expunged, sealing off the court record.

Court proceedings are handled in state district courts.

When a juvenile is accused of a crime, a citizen or law enforcement officer files a complaint, and a court counselor takes him or her through the intake process. The counselor evaluates the complaints and decides whether court action is warranted, or if community resources should be deployed. This takes between two and four weeks.

The counselor identifies the juvenile’s needs and matches him or her with community resources as needed, and can create a “diversion plan” with the parents.

A judge can also order probation, “diversion” (similar to probation, without a court appearance) and detention, which involves confinement. Detention is usually reserved for repeat offenders, and may require him or her to stay until the age of 21.

Once the restriction period and/or incarceration is successfully completed, some juvenile offenses can be expunged.

You can see a flowchart of the process that illustrates how this system works.

Tried As An Adult

Juveniles who commit felonies such as weapons possession, drug charges, alcohol/tobacco use or possession, assault and other crimes can be sent directly into the adult court system and tried there. Although the juvenile retains his or her right to legal counsel, there is no longer a right to privacy. The case will be made public for anyone over the age of 15, just as if the individual were over 21.

Raleigh Juvenile Defense

If your child has been arrested for breaking the law, you’ll need an attorney who understands the juvenile court system in Wake County to help you through the process and through court. Dewey P. Brinkley is a former Wake County Assistant District Attorney, and will aggressively defend your child in court against any charges, major or minor. Call today at 919-832-0307 to schedule your free consultation.

Raleigh Defense Attorney – Juvenile vs. Adult Criminal System

Juvenile Offense, ,

This is Part 11 of our weekly North Carolina Criminal Defense video blog: “Raleigh Defense Attorney – Juvenile vs. Adult Criminal System“

Transcript:

The juvenile court system is really there to rehabilitate, whereas the adult criminal system is there to really punish. When you’re in juvenile delinquency court, the court system is trying to put programs in place for that juvenile to hopefully rehabilitate them so that once they turn 16, they don’t get into the adult system.

Raleigh Criminal Defense Lawyer – What is NC’s Definition of a Juvenile?

Juvenile Offense, ,

This is Part 10 of our weekly North Carolina Criminal Defense video blog: “Raleigh Criminal Defense Lawyer – What is NC’s Definition of a Juvenile?“

Transcript:

A juvenile in North Carolina is defined as anyone who has committed a crime between the ages of six and up until before their sixteenth birthday. The minute you turn 16 in North Carolina, you become an adult for criminal purposes.

Raleigh Criminal Defense Lawyer Answers if a NC Juvenile Delinquent is a “Criminal”

Juvenile Offense, ,

This is Part 9 of our weekly North Carolina Criminal Defense video blog: “When is a NC Juvenile Delinquent is a “Criminal“

Transcript:

They are not criminal charges at that point. Typically, what happens is the officer will take out a juvenile petition, and that juvenile could potentially be adjudicated as delinquent. It is not technically a criminal charge.

Raleigh Criminal Defense Lawyer – The Juvenile Criminal Process in North Carolina (Video)

Juvenile Offense, ,

This is Part 8 of our weekly North Carolina Criminal Defense video blog: “The Juvenile Criminal Process in North Carolina“

Transcript:

Typically a juvenile will not be – it’s very rare that they will actually be arrested and taken into what we call secure custody. If it’s a misdemeanor or a relatively low level felony and that juvenile has not ever been in the juvenile court system before and doesn’t have the history of being in trouble most likely they won’t be arrested.

They will be noticed to come to court with their parents. If it’s a very serious felony or that juvenile has been in trouble several times, then the court can certainly issue what’s called a secure custody order and have that juvenile taken to a juvenile detention facility.

Raleigh NC Defense Lawyer – Court Petitions Against Juveniles (Video)

Juvenile Offense, ,

This is Part 7 of our weekly North Carolina Criminal Defense video blog: “Court Petitions Against Juveniles“

Transcript:

Once the petition is filed, the juvenile will have a court date. They’re automatically assigned a lawyer here in North Carolina. Typically the Court Counselor’s Office will meet with that parent and that juvenile and after talking to the parent and talking to the juvenile, they will make certain recommendations to the court about what the disposition in the case should be.

If you have a child that really doesn’t need a lot of court involvement, they come from a good family, and they aren’t having problems in school that may be a situation where the Court Counselor’s Office strictly recommends probation.

If you have a juvenile who’s in need of services, then the Court Counselor’s Office is the one who make that recommendation to the judge.

Raleigh Defense Attorney Answers, “Sentences for Juvenile First-Offenders?” (Video)

Juvenile Offense, ,

This is Part 6 of our weekly North Carolina Criminal Defense video blog: “Sentences for Juvenile First-Offenders?“

Transcript:

When juveniles are first in trouble or they’re charged for the first time, often unless it’s a very serious felony such as murder, armed robbery, or rape, unless it’s an extremely serious felony, a juvenile is normally going to be tried on probation.

That court counselor wants to try to keep the juvenile in the home, perhaps put services in place so they can be successful. If the juvenile violates their probation by going out and committing a new criminal offense or a more serious offense, that’s normally when the court counselor’s going to be looking at out-of-home placement option, whether it be a group home or another treatment facility.

If the juvenile continues to reoffend, potentially they would look at what we call a Youth Development Center, which is like a juvenile prison.

Raleigh Defense Lawyer Answers, “Can a Juvenile Be Tried as an Adult?”

Juvenile Offense, ,

This is Part 5 of our weekly North Carolina Criminal Defense video blog: “Can a Juvenile Be Tried as an Adult?“

Transcript:

If a juvenile is charged with first degree murder and probable cause is found in juvenile court for that murder case, it must, by statute, go to adult court.

First degree murder where probable cause is found will be handled in adult court. Felonies can be transferred to superior court upon a motion of the state once probable cause has been found in juvenile court. Oftentimes, that depends on whether the juvenile has received services in the juvenile system and either has not been rehabilitated or continues to reoffend and sometimes they will be tried as adults.

Wake County Juvenile Lawyer Answers, “Can You Choose Your Child’s Attorney?” (Video)

Juvenile Offense, ,

This is Part 4 of our weekly North Carolina Criminal Defense video blog: “Can You Choose Your Child’s Attorney?“

Transcript:

The court assigns the attorney, so really, the parents and the juvenile don’t get to pick which attorney they want. A lot of times in juvenile court, we run into conflicts with the parents simply because the juvenile may want one outcome and the parent wants a different outcome. Our role in juvenile court is to advocate for that juvenile and the best interest of the juvenile, not what that parent wants to see happen in the case.

Does My Child Have to Disclose a Juvenile Arrest When Applying for a Job?

Juvenile Offense, , , ,

When your son or daughter was arrested as a juvenile, it’s understandable to feel a bit worried for their future. This is especially true when it comes to job aspects or other applications that require a criminal background check. After an arrest and conviction, whether for a misdemeanor or a felony as a juvenile, it’s important to understand some of the challenges and barriers that your child may face when looking for a job.

Juvenile Arrest Records in Raleigh NC | Juvenile Defense Attorney

As the leading juvenile criminal defense lawyer in Raleigh, NC, attorney Dewey P. Brinkley boasts years of experience representing juveniles. As a diligent and knowledgeable defense attorney, we can provide a rigorous defense following an arrest; after a conviction, however, we can help with criminal record expungements as well. For a free, no-obligation consultation with our Raleigh law firm, call us today at (919) 832-0307.

Does My Child Have to Disclose a Juvenile Arrest?

In North Carolina, the juvenile code typically limits access to juvenile records by public and state entities, and there is little opportunity for future employers or colleges to access these records. Under certain circumstances, however, others may be able to access your child’s juvenile records.

Furthermore, the disposition of a juvenile case (in legalese, “disposition” essentially refers to the court’s decision of a case) is known as an adjudication, and not a
conviction. As such, if the job application asks whether the applicant was convicted of a crime, you are telling the truth by saying “No.”

According to N.C. Gen. Stat. § 7B-3000, a juvenile’s record (which contains all documents or information referring to arrests, complaints, referrals, juvenile petitions, and orders) is generally confidential. There are some exceptions to this confidentiality, including:

  • Probation officers and prosecutors may share information with other law enforcement individuals
  • Court counselors and prosecutors may access your child’s record
  • The child’s school principal can access the child’s record (the principal must be notified if the child was adjudicated for an act that would be a felony)
  • Specific agencies can access the child’s record, such as agencies investigating child abuse or neglect
  • The child’s attorney, his/her parents, and the child him/herself can access the records
  • The juvenile record can be disclosed under court order

Expunging or Sealing a Juvenile Court Record

Even if the juvenile record is confidential in North Carolina, it still exists. This can bring some anxiety for both the child and his/her parents. Fortunately, North Carolina law understands that juveniles sometimes make mistakes.

When “removing” these records from the child’s file, there are two options: sealing and expungement. In terms of sealing, it is the juvenile court judge who has the authority to seal records at the time of the court proceedings.

For maximum confidentiality, the child can have his/her records expunged after turning 18. An expunged record functions as if it doesn’t exist, and the child is never required to disclose information about the expunged juvenile record (except in very specific, rare circumstances).

To expunge your child’s record, he/she he may file a petition for expungement in the court of his or her adjudication.

There are some exceptions to expungement, however. If the child was arrested for  Class A, B1, B2, C, D, or E felonies, and the child was charged as an adult, then he/she may be unable to expunge those records.

Call the Law Office of Dewey P. Brinkley

If your child was arrested for a crime and adjudicated in juvenile court, then he/she may be able to expunge his/her juvenile records at the appropriate time. At the time of arrest, however, you can always benefit by having an experienced and competent juvenile defense attorney. At the Law Office of Dewey P. Brinkley in Raleigh, NC, we’ve successfully defended numerous juveniles for a wide variety of alleged offenses, and we can also help with your record expungement as well.

For a free, no-obligation consultation with attorney Brinkley, call our Raleigh law firm today at (919) 832-0307.