The Illinois juvenile justice system is designed to provide rehabilitation and support for young offenders, with the goal of reintegrating them into society as law-abiding citizens. However, there are instances when the severity of a juvenile’s crime may warrant treating them as adults in the eyes of the law. Today, we will explore the conditions under which a juvenile can be tried as an adult in Illinois. If your son or daughter has been arrested for committing a crime, regardless of whether they are being tried as a juvenile or adult, contact a criminal defense lawyer who will aggressively safeguard your child’s rights.

Serious Violent Crimes

In Illinois, the majority of juveniles 17 or under are tried in juvenile court for whatever offense they are alleged to have committed. However, certain felonies, such as murder, sexual assault, and armed robbery, to name a few, may be tried in adult criminal court, even if the minor is 16 or 17 years old. This type of treatment by the legal system is reserved for only the most egregious of offenses, as charging a child as an adult is not taken lightly by the court system. Of course, convictions in adult criminal court carry far more severe punishments than in juvenile court.

Previous Criminal Records

In some cases, a juvenile’s prior criminal record may impact whether they will be tried as an adult. For example, suppose the minor has previously been tried for an offense that constituted a felony. In that case, the court may consider transferring the case to adult court for enhanced accountability. It is likely that if the juvenile has committed serious felonies in the past but was still tried in juvenile court, this time around may be different. The court may look upon their re-offense as evidence that the juvenile did not learn their lesson, requiring them now to be tried in adult court.

Being arrested for drug-related offenses as a juvenile can have long-lasting consequences. Today, we will explore some possible defense strategies that can help navigate the legal process and protect the rights of juveniles facing drug charges. If your child is facing drug charges, contact a criminal defense lawyer to protect your child’s rights and interests at this critical time.

Illegal Search and Seizure

One potential defense strategy is challenging the legality of the search and seizure that led to the drug arrest. This strategy examines whether law enforcement had probable cause or a valid warrant when conducting the search. If the search violated the juveniles’ Fourth Amendment rights against unreasonable searches and seizures, any evidence obtained may be deemed inadmissible, weakening the prosecution’s case.

Lack of Knowledge or Control

Another strategy involves establishing that the juvenile had no knowledge of the presence of drugs or lacked control over them. This defense is particularly relevant in cases involving shared living spaces or vehicles where the drugs may have belonged to someone else. Demonstrating that the juvenile did not knowingly or intentionally possess the drugs makes it more challenging for the prosecution to prove legal culpability.

While many view underage drinking as a right of passage, underage drinking is a crime in Illinois that is not taken lightly. Being charged with a crime as a juvenile can be a very scary experience, both for the alleged juvenile offender and the offender’s parents. Suppose you are a minor who has been arrested for underage drinking, or you are the parent of a minor who was arrested for allegedly drinking alcohol. In that case, it is essential to understand the potential penalties for underage drinking and how a criminal defense attorney can greatly assist the juvenile at this time. 

What Are the Penalties for Underage Drinking? 

As is true in many other parts of the country, Illinois takes underage drinking very seriously. If a minor, who is someone younger than 21, is caught possessing, consuming, or purchasing alcohol, they may be charged with a Class A misdemeanor. This can be punishable by up to one year in jail and a fine reaching as high as $2,500. To make the matter even more severe, minors may have their license suspended for up to six months, regardless of whether they are operating a vehicle at the time. Minors should also think twice before using fake identification, as doing so may constitute the felony offense of possessing a fraudulent ID card. 

What is the Social Host Law?

This refers to legislation in Illinois that holds individuals responsible for allowing underage drinking to take place on their property. It aims to discourage adults from promoting underage drinking by imposing penalties on them if a minor gets caught consuming alcohol on their property. If convicted under the Social Host Law, penalties could result in fines or even jail time, making it essential for adults to take the law seriously and never condone underage drinking. 

The drinking age is 21 in the United States. However, this does not stop many teenagers and young adults from drinking before they are old enough to do so legally. Whether due to peer pressure, curiosity, or a desire to look “cool,” underage drinking is not uncommon.

If your child was caught with alcohol or charged with an alcohol-related offense, it is important to understand your rights and options under Illinois law.

Alcohol Possession by Minors is a Criminal Offense

In Illinois, underage people in possession of alcohol can be charged with a Class A misdemeanor criminal offense. While jail time can often be avoided for a first-time offender, it is possible for an underage offender to face up to a year in jail and a maximum fine of $2,500 for alcohol possession. A teen or young adult caught with alcohol may also have his or her driver’s license suspended for six months for a first offense. If a young person uses a fake ID to buy alcohol, he or she may face additional criminal penalties for possession of a fraudulent ID.

Parents are responsible for guiding their children and helping them grow into happy, successful adults. However, even the best parents cannot prevent their children from making mistakes. For teenagers, shoplifting may seem like a victimless crime. Otherwise, law-abiding teenagers may justify stealing from a store because the crime does not involve violence or physical harm. Teenagers may also be peer-pressured into stealing. Some shoplift in order to impress their friends or gain a certain reputation at school. Other teens accused of theft are simply in the wrong place at the wrong time.

Whatever the reasons, theft charges can have a significant impact on a young person’s future. If your child was arrested for retail theft, contact a criminal defense lawyer experienced in juvenile offenses for help.  

What Are the Consequences of Juvenile Theft?

Theft is estimated to have cost retailers $62 billion in 2019 alone. Preventing shoplifting losses is a top priority for most stores and retail chains. Security guards, video surveillance, and antitheft devices are designed to catch shoplifters in the act and prevent ongoing theft. Some store owners and managers will give teenagers a second or even third chance after being caught shoplifting. However, the store does reserve the right to call the police if they catch a child or teenager shoplifting.