What Are Juvenile Delinquents?

Once a child enters the criminal justice system, they may be deemed a "juvenile delinquent." This term can have lasting implications, so it's important to understand the factors that lead to this designation. 

If you or your minor child is facing juvenile delinquency charges, it's crucial to understand your legal options. Contact a criminal law attorney in your area to protect your child's rights and future.

This article discusses delinquent acts. Find examples, potential consequences, and ways to detect and prevent juvenile delinquency.

What Are Delinquent Acts?

Offenses committed by juveniles aren't called "crimes" as they are for adults. Instead, the term for criminal offenses that minors commit is "delinquent acts." Delinquent acts generally fall into two categories.

Criminal Law Violations

The first type of delinquent act includes actions that, if committed by an adult, would be a crime. Some of these offenses, such as felony charges or drug offenses, may lead the minor to be tried as an adult. These offenses also vary depending on state law.

Age-Related Violations

The second type of delinquent act wouldn't usually be a crime had an adult performed it. These acts are "status" offenses, which are only considered offenses because of the person's age. Staying out past curfew and possessing or consuming alcohol are examples of status offenses.

The category also includes frequent failure to attend school, otherwise known as truancy. The minimum age at which jurisdictions can charge children with truancy varies. It's often as young as 10 years old.

Minors can also face civil charges of Child in Need of Services or Child in Need of Supervision (CHINS). A juvenile's parents or guardian can file a CHINS case. The school social worker often files truancy charges. Court process formalities may vary based on the local jurisdiction, venue, and court.

Juvenile Court vs. Adult Criminal Court

Juvenile justice system proceedings differ from adult proceedings in many ways. Minors follow a slightly different court process.

Instead of a trial, the juvenile has an adjudication, or adjudicatory hearing. The child appears before a juvenile court judge. They receive disposition, or a sentence, if they are found "guilty" or "not innocent."

Minors may be held pending trial in a juvenile detention facility. They can schedule a detention hearing to seek pretrial release. An adult seeking pretrial release would request a bond hearing instead.

A detention hearing or pretrial hearing is often a minor's first appearance in juvenile court. Adults appear for an arraignment in the adult criminal court.

When Are Minors Tried as Adults?

Various factors often influence this decision. The courts will decide whether to try the minor in adult court or the juvenile court system. Minor offenders in both juvenile court and adult court can benefit greatly from expert legal representation.

These factors include the severity of the crime committed. Delinquent acts range from misdemeanors to serious crimes — even first-degree murder. A serious offense is more likely to be tried in adult court. The court also looks at a minor's criminal record and may consider other circumstances surrounding the juvenile's actions.

Someone under 18 might also be emancipated. This means they are legally considered an adult. Since they get the rights and benefits of adulthood, they also face consequences as adults.

Law enforcement officers will then assess whether to place the minor in jail or a juvenile facility. Whenever juveniles are held in adult prisons, they must be separated from adults in most cases. Even if a minor is tried as an adult, they can’t receive the death penalty, according to the Supreme Court.

Juvenile Delinquency: Early Detection and Intervention

Juvenile delinquency is more than just mischievous pranks like doorbell ditching. Some of these offenses are serious, including:

• Violent crimes
• Property crimes
• Crimes against another person

Delinquency prevention and intervention efforts focus on identifying and addressing risk factors. Authorities also make efforts to build on protective efforts to counter these risks.

Counseling and Mental Health Treatment

It is helpful to offer trauma-informed treatment to juvenile offenders. This can involve programs such as community service or in-home behavioral health services. Minors’ needs can vary greatly according to their circumstances. In cases of child abuse and neglect, the minor may need additional support or removal from the home.

Substance Abuse Treatment

Drug and alcohol addiction can develop at a young age, and recovery is complicated. Substance abuse may be the underlying problem for crimes like DUI, theft, or drug offenses. Medical treatment, counseling, and support groups may be part of a juvenile’s path to recovery.

Career and Training Opportunities

Young people may turn to delinquency when they feel hopeless about their future. Probation officers and other juvenile justice professionals may introduce young offenders to potential careers. Having an alternative path can motivate teens to avoid acts that might jeopardize their future plans.

Removing a Juvenile Offense From Your Record

The label of “juvenile delinquent” might not follow someone forever. An attorney may help you get your child's juvenile record expunged when they turn 18.

In expungement, all records of misdeeds, whether they involve misdemeanor or felony offenses, are essentially hidden from the record. For example, the juvenile offense would not appear in an employment background check.

Juvenile Delinquents: More Resources

Remember, state laws on juvenile law and criminal law are constantly changing. Research the laws of your jurisdiction to understand the procedures and penalties. For more information, consult the following links:

• Questionnaire: Choosing a Juvenile Defense Attorney
• Criminal Procedure in Juvenile Court
• Juvenile Crime
• Contributing to the Delinquency of a Minor
• Criminal Laws by State

Many nonprofit programs are designed to assist youth and guide them to a better path. Organizations such as Big Brothers Big Sisters of America can provide mentoring and good role models for at-risk youth. If your child is caught engaging in juvenile delinquency acts, consider contacting one of these groups to learn more.

Have Questions About Juvenile Offenders? Talk to an Attorney

In most juvenile delinquency cases, a delinquent act can follow a minor into adulthood if handled improperly. Delinquency adjudication can also create a criminal record for the child. This may depend on:

• The charge
• The juvenile's age
• The state where the crime was committed

When your child is at risk of being labeled a juvenile delinquent, it's recommended that you contact a criminal defense attorney. Navigating the rules associated with this type of criminal case can be complex, partly due to the unique criminal justice procedures that courts follow.