When an adolescent is charged with a crime or is held by the State of Alabama, it can put his or her relatives in a position of intense emotion and stress. Alabama’s State Juvenile system provides little to no immediate relief for juveniles charged with crimes. Often times, depending on the juvenile’s history, a child can be held for weeks at a time for seemingly minimal charges pending hearing in front of a judge. It is not unusual for a juvenile to be initially held in a facility much longer than an adult charged with the same crime.

Juvenile Rights

By law, juveniles are entitled to greater rights with respect to questioning and investigation by law enforcement. However, these rights are sometimes left by the wayside in everyday practice. It is extremely important to be in contact with an attorney as soon as possible when a juvenile is charged with or arrested for a crime, particularly one who is familiar with juvenile practice as it differs from regular criminal practice, to prevent these rights from being stepped on.

It quickly becomes clear that juveniles' rights are set aside in favor of the State's desire to treat children as social cases. In many situations, social workers and probation officers make strong recommendations to judges that turn into ultimate decisions in many cases. An attorney needs to then step in and advocate for options.

Differences from the Adult Criminal System

There are a few positive aspects of juvenile proceedings as opposed to standard criminal practice:

First, the juvenile proceedings are sealed, which means that down the road in life the records are secret and can only be viewed by a limited few people, usually law enforcement and judges. In planning for college or for future employment, one can usually rest easy that these records will not be made public.

Second, although sometimes seemingly harsh, the scope and intensity of child punishment is much less severe than adult criminal consequences. A child might face up to a year in detention for crimes that would have an adult looking at 3-30 years in jail. Although the lengths of incarceration are much lighter, to a child and to a child’s family they can seem like an eternity; that is why it is so important to have an attorney who can guide you through the juvenile system and find the best possible outcome to the situation of your child or loved one.

Punishments

There are a variety of consequences that juveniles face when convicted of or after entering a plea to a crime. These range in scope from detention at various facilities across the State of Alabama, mandatory counseling, “after care” programs, probation and potential registration as sex offenders depending on the nature of the crimes he or she is charged with.

Always remember that each and every case is different and sound legal advice can only be attained by speaking directly to a knowledgeable and experienced attorney!