Connecticut juvenile justice system
Blog

Se Habla Español

Call Today for a Free Consultation

203-348-5846

24 Hoyt Street, Stamford, CT 06905

Subscribe to this list via RSS Blog posts tagged in Connecticut juvenile justice system

Posted on in Juvenile Crimes

CT defense lawyerIf your child commits a crime while they are under the age of 17, the offense will generally be handled in juvenile court, which is focused far more on rehabilitation than on punishment. However, sometimes the offense will not be serious enough to be sent to adult court, but serious enough to warrant further supervision. In these cases, the answer is usually to remand the juvenile to detention. This is less common than it used to be, but it will happen in some cases, and if it does, it is important for both you and your child to understand your rights in this situation.

15 Days Max - Usually

Most situations in which a minor is arrested in Connecticut will end in their being released to their parents with a promise to appear in juvenile court in days or weeks. However, if the child has committed a more serious offense, authorities have the option of sending them to juvenile detention until the next business day, when arraignment will usually happen. Unlike in adult court, bail is not required in juvenile court, and minors may not post bail of their own accord, so very often a minor will remain in the detention center until their arraignment.

In all but the rarest cases, the maximum amount of time a juvenile can remain in detention is 15 days. The only time this will be extended is if the juvenile has committed a serious juvenile offense (SJO), which is a crime which may (and frequently must) merit transferring the case to adult court. The list of SJOs include approximately 50 felonies, such as murder, sexual assault, and first-degree robbery, and kidnapping. If your child has been charged with an SJO, the likelihood of them remaining in juvenile detention is quite high even if the case remains in the juvenile court system.

...

CT defense lawyerIn Connecticut, anyone under the age of 18 who is accused of committing a crime will generally be arrested and made to appear before a juvenile court to discuss the case. If your family has never before been involved with the law, this whole process can be a terrible and frightening time. An experienced juvenile justice attorney can help answer any questions and alleviate concerns that you might have so that your child can be certain to have their rights protected during the legal process.

Q: If my child is arrested, do I have any rights during the process?

A: Yes. Parents have a right to be informed about their child’s arrest and are permitted to refuse any interrogation of their children. Arrested juveniles also have a fairly high chance of being released into a parent’s custody unless the alleged offense is very serious (in which case, it will likely be transferred to adult court, where your child will be treated in a similar manner to any other adult offender).

...

CT juvenile lawyerWhen a young person is caught damaging property, it can too often signify that something is wrong at home, or at school. However, vandalism is still a crime in Connecticut, and very often, juvenile charges may be brought in order to teach the young person a lesson. Criminal mischief, as Connecticut law refers to vandalism, can remain on your child’s record and cause them problems in the future. Contacting an attorney is a crucial step to deal with these charges.

Criminal Mischief

Criminal mischief in Connecticut is defined as causing any kind of physical damage to another person’s property - including, but not limited to vandalism. The more serious degrees require the intent to cause damage, while third and fourth-degree criminal mischief do not, and the actual damage can be as minor as a small scratch or as large as an all-consuming fire. There are several different reasons why these types of offenses happen for both juveniles and adults, including domestic disputes, pranks, or simply out of malice.

A defendant under the age of 18 may be charged either as a juvenile or as an adult. If you are charged as an adult, the degree of the charge will depend on the value of whatever property was damaged. First-degree criminal mischief is most often the charge when the damaged property is worth more than $1,500, while if the property is worth between $250 and $1,499, the charge will be in the second degree. The penalty for first-degree criminal mischief is a sentence of between one and 5 years in prison, plus fines of up to $5,000, while a second-degree conviction will result in a sentence of one year and $2,000 in fines.

...

CTdefense lawyerSome young people make bad choices and wind up with a criminal record, which can, in turn, cause them serious problems later in life. However, in Connecticut, it is often possible for juveniles to have their criminal records expunged, meaning that all (or most) of the offenses will be erased as if they had never existed. That said, not every juvenile record is eligible for expungement or sealing, and it is important that you be able to understand the options that you and your child may face.

Three Routes Through The Legal System

Whether or not your child’s record can be expunged will largely depend on how the offense or offenses were disposed of by the Connecticut legal system. Your child will be assessed under one of three categories in the legal system, depending on the offense they have committed. They may have their case adjudicated in juvenile court, where they will be referred to as a juvenile offender; they may have their case removed to adult court and receive special “youthful offender” protections, or they can, if the offense is deemed serious enough, be tried as an adult, and have to navigate the court system as any other adult would.

Each of these three categories can lead to a different outcome in terms of having one’s record expunged. A juvenile offender is not technically convicted of a crime; rather, they are adjudicated delinquent, and unless they commit further crimes requiring the supervision of the juvenile justice system (generally the Superior Court or the Department of Children and Family Services), those delinquencies can be erased automatically after two years. Juveniles are generally seen to merit the most second chances.

...

CT juvenile defense lawyerManson Youth Institute in Cheshire, Connecticut, is a prison for young offenders who have allegedly committed a crime serious enough to wind up in the state’s adult court system. As of July 2019, there were only 43 young boys confined at Manson. This represents a significant change from the historical numbers - in July 2016, 76 were registered, and the number has been dropping for years. If your child is arrested and charged with a crime, you should be aware that the Connecticut penal system has been undergoing changes in the way young defendants are handled.

A General Downward Trend

In the 2007-2008 fiscal year, approximately 1,491 young people under the age of 18 were confined at Manson. That number decreased by approximately 92 percent over the next decade, with 2018’s final figure being 105. This is a hugely positive trend, but there are multiple reasons for the drop in juvenile inmate numbers that may or may not still apply in your child’s case. There are still many cases in which a prosecutor will determine that Manson or a similar secure environment is the best place for your child.

One significant change that came to pass in the decade between the figures is that Connecticut raised the age of adult criminal responsibility (except in cases of serious violent crime like murder or sexual assault) from 16 to 18. Sixteen-year-olds were added back into the juvenile justice system in 2010, and 17-year olds were added back in 2012. This means that 16 and 17-year olds that commit crimes that do not immediately merit transfer to the adult system are more likely to be charged as juveniles.

...

CT defense lawyerCountless numbers of children are bullied at school every year, which in turn can play a major role in a host of physical and mental health problems. However, most of the time, bullying does not rise to the level of crime. In the situations where it does, your child will need an attorney who understands the complexities of juvenile law, and who knows how best to ensure that their rights are protected.

Bullying Can Be Serious

Statistics indicate that only around 20 percent of middle and high school students reported being bullied, but almost half of all students in another study reported being bullied at least once within the preceding month. As high as 30 percent of middle school students (aged 11-14, roughly) reported being physically bullied, with examples of pushing, hitting, or slapping being given. Approximately 24 percent reported being on the receiving end of sexual comments or gestures.

Bullying can have devastating consequences, primarily for the victim, but also for the bully. Multiple studies show increased risk for ‘poor school adjustment,’ anxiety, depression, sleep issues and focus problems for victims. Many studies also show that the risk of increased suicidal ideation can occur in both the bully and the bullied. Intervention is critical to safeguard both young people, and hopefully to place the bully on a better path. Sometimes, however, this may not occur until a crime has been committed, and in that case, the consequences must be faced.

...

Posted on in Juvenile Crimes

CT defense lawyerWhen a juvenile commits a crime in Connecticut, there are two possible ways the case can be classified. Depending on several factors, including the nature of the offense, a juvenile can either be classified as a juvenile defendant, or as a youthful offender. While these two designations might seem interchangeable, they are not, and it is critical to understand the difference.

Juvenile Defendants

Juvenile defendants are, as one might expect, juveniles - people under the age of 18 who have committed an offense that the prosecutor determines should be prosecuted in juvenile court. They are referred to as juvenile delinquents, rather than defendants; Connecticut’s juvenile courts are much more focused on rehabilitation, especially for first offenders, as opposed to the adult court system that is focused more on punishment. The nature of the offense usually determines whether someone under 18 will be charged as a juvenile or as an adult.

Juvenile defendants are also more likely to be granted a non-judicial outcome in their case, meaning probation or pretrial diversion as opposed to a conviction and sentence. This may seem not harsh enough, for a young person who has allegedly committed a crime, but nonjudicial outcomes are not generally available for those who commit serious offenses. With nonviolent misdemeanors and violations, the state of Connecticut has decided to help young offenders learn rather than punish immediately.

...

Posted on in Juvenile Crimes

CT defense lawyerToo many people see petty crime or mischief offenses as part of growing up, especially for young boys and men. However, it is still important not to overlook the potential consequences of committing a crime, and in some cases, the crime may be serious enough to be removed to adult court, with all the attendant consequences. Having an experienced juvenile justice attorney on your side can help smooth out the process while still preserving your child’s rights.

Juvenile Court: More Rehabilitative Than Punitive

In juvenile court, there are two broad categories of offenses that a young person may be charged with: delinquent acts, or serious juvenile offenses. Delinquent acts are defined as the violation of a federal or state law (with exceptions) by a juvenile. Essentially, if the act in question is not defined as a serious juvenile offense, it will generally qualify as a delinquent act. Serious juvenile offenses, by comparison, are specifically laid out in the relevant statute, and if the prosecutor thinks it necessary, allow your child’s case to be removed to adult court.

In most cases where a juvenile is arrested, Connecticut’s justice system has the stated aim of trying to rehabilitate them, rather than solely punish them for their choices. Their young age and (in most cases) lack of life experience are seen as mitigating factors, to some degree, and especially in cases of non-violent crime, many juvenile offenders are offered alternative options to a jail sentence, such as diversion programs or community service.

...

CT defense lawyerMost of the time, when a young person under a certain age is arrested and charged with a crime, they are charged with that crime as a juvenile, which is different than if they were charged as an adult. However, it is easy to get confused between the juvenile and adult systems in Connecticut, even though it is important to be aware of the differences and the varying potential consequences of charges in each. If you or your child has been charged as an adult when they are legally still a juvenile, it means that the case is a very serious one, and you need all the help you can get on your side.

Rehabilitation vs Punishment

In the United States, the juvenile court system is generally seen as rehabilitative, while the adult court system is seen as more punitive, and there is, unfortunately, truth to this. Juvenile offenders, whether they have been charged with a crime or a status offense (a non-criminal offense, such as being truant or a runaway), are often referred to rehabilitation programs or educational diversions, as opposed to being given jail time or other punitive consequences. Only truly serious juvenile offenses warrant detention and trial, and even at that point, a trial in juvenile court is much more geared toward rehabilitating the accused.

In juvenile court, it is also more likely that you will be able to minimize the potential consequences of the offense, even if you plead guilty or otherwise admit wrongdoing. Connecticut will often handle juvenile cases ‘non-judicially,’ meaning that juvenile offenders will be shunted into pretrial diversion programs or given another type of consequence rather than jail time. Counseling or community service are common options.

...