In 2017, Delaware County received 1,086 new cases of alleged juvenile delinquency. Of those cases received, approximately 357 were felony offenses, 619 misdemeanors, and 110 of the minor summary offenses. The Delaware County Juvenile Court is responsible for handling these matters. Alleged offenders may be detained in their Detention Center facility, which is a secure environment capable of accommodating 66 juveniles.
Pennsylvania Delinquency Allegations By Age in 2017 (Percentage)
|
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
|
1.0% |
2.2% |
4.5% |
9.1% |
14.0% |
19.0% |
23.3% |
26.5% |
The Pennsylvania Code has rules and procedures that guide the state's juvenile courts. Juveniles are those between the ages of 10 and 17. Juveniles may be charged with minor summary offenses, a misdemeanor, or more serious felonies such as aggravated assault, rape, or motor vehicle theft.
Following an arrest, juveniles may either be released to their parents or remain in secure detention. Detention may be appropriate for children how have previously failed to appear for court appearances, who lack adequate parental supervision, or when other safety concerns exist.
Juvenile Court Intake
Juveniles who are charged with crimes are typically assessed by a probation officer. This assessment may largely influence whether the matter is best suited for some form of informal supervision or formal processing through the court. Considerations may include the seriousness of the offense; any perceived threat to the safety of the community, and more. There are four possible next steps as follows:
- Dismissal: The court may decide it is appropriate to dismiss the case
- Informal Adjustment: A diversionary-type action where the juvenile remains in their home and is placed under the supervision of the probation office
- Consent Decree: The probation department may recommend that a delinquency petition is filed; however, these proceedings can be suspended under a probation plan. A formal adjudication is avoided, but the record of an arrest may remain.
- Adjudication: This is employed when the circumstances justify that the matter is addressed in court. In these situations, it is critical that the child is represented by an attorney that is familiar with this area of legal practice.
Adjudicatory Hearing
In an adjudicatory hearing, the District Attorney will present a case, which may include witness testimony. The child's attorney may also present evidence and cross-examine witnesses in defense. The juvenile court system does not allow for jury trials. The potential outcomes of these cases may include decisions such as a requirement for rehabilitation, treatment, that supervision (probation) be imposed, or the choice to schedule a disposition hearing.
Disposition Hearing
A disposition hearing could loosely be compared to the sentencing phase of an adult case. Judges and Hearing Masters consider the circumstances and recommendations of the Juvenile Probation Department and/or District Attorney. It is possible that offenders may be subject to placement in a residential facility.
Legal Representation
The juvenile justice system in Pennsylvania is unique and potentially confusing. In certain situations, a child may even be charged and subjected to adult penalties. Having seasoned legal counsel in the cases is critical.
Attorney for Juvenile Offenders in Delaware County
If your son or daughter was arrested for an act of delinquency it is important to protect their future. Attorney Joseph D. Lento has been effectively navigating Pennsylvania's juvenile court system for years. Contact the office today at (888) 535-3686 for a consultation.
