Is There a Different Criminal Process for Violent Crimes for Minors vs. Adults in Phoenix?

When a minor is accused of committing a violent crime, the legal process they face is markedly different from that of an adult. These differences will influence the way the process is navigated for both parents and their children.

Key Differences Between Juvenile and Adult Criminal Processes

Goals of the Legal Systems

The juvenile justice system prioritizes rehabilitation over punishment. Its primary objective is to guide minors toward becoming responsible and productive members of society. In contrast, the adult criminal justice system focuses more on punishment and deterrence.

Terminology

• Arrest is referred to as taking into custody.
• Trial is known as an adjudication hearing.
• Sentencing is termed disposition.

Court Procedures

• Juvenile Court: Cases are typically heard in a separate juvenile court, which is more informal and closed to the public. The judge plays a more active role in investigating the facts and guiding the proceedings.
  
  
• Adult Court: Proceedings are public, and the court process is more formal, with a greater emphasis on adversarial procedures between the prosecution and defense.

Legal Rights

Minors have specific legal rights within the juvenile justice system, including the right to an attorney, the right to remain silent and the right to a hearing. However, some protections, like the right to a jury trial, are not guaranteed in juvenile court in the United States.

Records

Juvenile records can be more easily sealed or expunged once the minor reaches adulthood in many cases. There’s a greater emphasis on preventing criminal records from impacting a minor’s future opportunities in adulthood. Adult criminal records are typically public and can have long-lasting consequences. Whether an adult will be eligible for expungement is highly dependent on the type of crime and the length of time since they’ve completed all probationary conditions and have paid all required restitution and fines.

The Juvenile Justice Process in Phoenix

Taking Into Custody

When a minor is suspected of a violent crime, they are taken into custody by law enforcement. The minor’s parents or guardians are usually notified immediately. The police have the discretion to release the minor to their parents or hold them in a juvenile detention center.

Detention Hearing

A detention hearing is usually held within 24 hours to determine if the minor should remain in custody or be released while awaiting trial. The judge considers factors such as the severity of the crime, the minor's past record and the likelihood of them appearing for future court dates.

Adjudication Hearing

At the adjudication hearing, the judge reviews the evidence and determines whether the minor committed the alleged offense.

Disposition

If the minor is found delinquent (guilty), a disposition hearing is held to determine the appropriate rehabilitation measures. This may include probation, community service, counseling or placement in a juvenile detention facility. The focus is on rehabilitation and preventing future offenses.

Advice for Parents and Minors

Communication and Support

Open communication between parents and their children is vital. Reassure your child that you support them and are there to help navigate the legal process together. Maintain a calm demeanor and provide emotional support throughout the proceedings.

Legal Representation

Finding a criminal defense attorney experienced in juvenile defense can be beneficial.

It’s also important to understand when a minor may be charged as an adult. Some serious offenses, including many violent offenses, may result in automatic transfer or direct filing into being charged as an adult (if the juvenile is at least 15 years of age). In other cases, prosecutors have discretion in choosing whether to file charges against a juvenile in adult court (if the juvenile is at least 14 years old).

Your choice of attorney should likely be influenced by the court. Even if a case isn’t transferred, a juvenile conviction can still have long-lasting consequences, especially for serious violent crimes.

Educating Your Child About Their Rights

Educate your child about their legal rights when dealing with law enforcement. This includes:

• Right to Remain Silent: Advise your child to politely decline to answer any questions without a lawyer present.

• Right to an Attorney: Make sure your child is aware of the importance of having legal representation and to request an attorney immediately if questioned.

• Cooperation and Respect: Encourage your child to remain calm, respectful and cooperative during interactions with law enforcement. Resisting or arguing can escalate the situation.

Is Your Child Being Accused of Committing a Violent Crime in the Phoenix Area?

If your child is facing criminal charges, they will likely benefit from the representation of an experienced attorney, especially if they are being charged as an adult. Board-certified criminal defense attorney Michael Alarid III is dedicated to fighting for the rights of all accused in the Phoenix area.

Schedule your consultation today or call now at (602) 818-3110.