by Faraji Rosenthall | Jan 26, 2016 | Juvenile
Can a Juvenile Be Charged as an Adult? Your kids are everything to you. Even when they disobey you and get into trouble, they are still your kids and you will do anything for them. Though you love them and will give them as many chances as necessary to get things right, the criminal justice system is not as considerate. What happens when your minor child get into trouble with the law? Will the criminal justice system treat them as a child or will the criminal justice system see them as an adult? If your loved one has been charged with a crime that could have them charged as an adult, it is important to contact an experienced Virginia juvenile defense attorney to fight for your child’s rights. When Can a Juvenile Be Charged as an Adult in Virginia? In Virginia the age for criminal accountability is 18, and anyone less than 18 years of age is defined as a juvenile. However, depending on the crime that the juvenile has been charged with, those who are 14 years of age and older and are competent to stand trial can be transferred to adult court. When determining whether a juvenile case should be transferred to the adult court, the court will look at whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner. If a juvenile has been charged with a felony such as capital murder, first degree murder, lynching, or aggravated malicious wounding, then a transfer to adult court is mandatory. In contrast, though transfers are mandatory, written notice that the case is being transferred...
by Faraji Rosenthall | Apr 6, 2015 | Juvenile
Juvenile Drug Distribution Charges Kids do stupid things. Maybe because they are following cultural suggestions or maybe because they just want to make an easy buck, minors sometimes get caught up in the drug distribution racket. Their parents are probably aware that such actions can have long term consequences. The good news is that, while drug charges are serious, Virginia takes a rehabilitative approach that presents the possibility of keeping a long term conviction off the minor’s record. Generally, for adult marijuana distributions the offense is a Class 1 Misdemeanor if it involves less than half an ounce. More than a half ounce but less than 5 pounds is punished as a Class 5 felony. More than 5 pounds leads to a sentence of between 5 years and 30 years. However, in many case the key is not getting the juvenile charged as an adult at all. Keeping the Case in the Juvenile Courts For minors, that is, those under the age of 18, criminal cases must originate in the Juvenile & Domestic Relations Courts. The judges in these courts have a wide range of options available for disposing of juvenile defendants. They can, for example, place the defendant on house arrest or, in some cases, they can even defer ruling on the charge and dismiss the case if the defendant complies with a probationary period. The decision on whether or not a juvenile case will be transferred will often depend on the judge. If the child is above the age of 14, the Commonwealth can request that an offense that would be a felony if committed by an...
by Faraji Rosenthall | Apr 6, 2015 | Juvenile
What are the Consequences of a Juvenile Traffic Violations? Despite the common belief, traffic violations are actually fairly serious business. This can be especially true for juvenile traffic convictions, which can have a whole range of consequences for the child. A child can have his licenses suspended or his insurance can go up. Of course, this can limit a student’s ability to engage in after school activities or employment. Even worse, serious criminal charges might need to be disclosed on the juvenile’s college applications. Juveniles can be convicted of the same sorts of traffic convictions as adults. This includes reckless driving, DUIs and speeding. They can also be charged with a series of offenses that are relevant only to minors. For example, a juvenile defendant can be charged with a kind of DUI that is specific to minors. They can also be charged with violating curfew. Many of these offenses are infractions and can be prepaid. However, juveniles will need to appear in court for the same offenses in which adults are required to appear. What are the Components of Juvenile Specific Driving Offenses? In Virginia, those under the age of 21 are not permitted to drink alcohol. A minor with a blood alcohol level of between .02 and .07 can be convicted of what is often called a “baby DUI.” The consequences for a baby DUI were once softer than a normal DUI, but changes in the law have since brought the penalties up to par with the adult version. Like an adult DUI, the offense contains a potential jail sentence of up to 12 months. There is...
by Faraji Rosenthall | Apr 6, 2015 | Juvenile
Juvenile Assault and Battery There was a time when fights between youths were just considered a normal part of growing up. The Commonwealth understood this as well and made an effort not to prosecute such scuffles. However, the Commonwealth more and more these days has found it worthwhile to drag these charges into court. As technically violent offenses, an assaults and batteries can have a troublesome effect on a child’s future. First, it can get the child involved in the criminal justice system through probation or detention. As well, colleges may ask about juvenile convictions in their application process. As a misdemeanor, a juvenile assault and battery is prosecuted as a delinquent act in the Juvenile and Domestic Relations Court. The J&DR judge has a wide range of options to deal with juvenile ranging from deferment to detention to house arrest. That being said, an assault and battery can be charged as felony, usually relating to the involvement of a police officer or teacher. Under this circumstance, a conviction will result in a lifelong criminal record for the child. What is an Assault and Battery? An assault and battery is a very commonly charged offense. By itself, an assault is putting someone else in reasonable fear of eminent bodily harm. Think of it as a threat with an action towards that threat and the present ability to carry out the threat. Simple statements are not enough, but a threatening action will usually suffice. An assault and battery is essentially any kind of harmful or offensive touching. Even spitting can count as an assault and battery. A defendant may also...
by Faraji Rosenthall | Mar 23, 2015 | Juvenile
Learn To Handle Juvenile Processes for Your Child What happens to your child if they get in trouble with the law in Fairfax County? Read more details here. Criminal acts that are committed by minors are called offenses. When these occur, minors will attend juvenile court, and once found delinquent, there are several assignments that will occur: The Court The Counselor The Treatment A Brief Guide for Parents of Delinquents Has your child been involved in delinquent activity? Here’s what you need to know to make the process go smoother – for both yourself and your child: A Court Counselor Will Be Assigned – while this counselor may seem like they’re sitting on the fence between the court and your child, their role is to ensure that your child abides by the terms of their probation; as well as mitigate any risk your childposes to the general public. Avoid Repeat Offenses – A re-offense can cause serious consequences. Speak to your child about the ripple effects of echoing the same offense, whether this is vandalism, theft, robbery, or other common juvenile delinquencies. Participate in Community Service – to meet the terms of the probation. Many community service programs teach minors about ways to resist delinquent temptations, practice self-control, and they generally aim to rehabilitate youth. Obeying the Rules – It’s important for juveniles to maintain good behavior, as any activity that’s deemed a threat to society will likely result in detainment. Examples include running away; committing a new offense; or not meeting court appearances. Other Ways to Help Alternatives to Confinement – a lawyer can intervene to plea bargain...
by Faraji Rosenthall | Mar 23, 2015 | Juvenile
Juvenile Drug Convictions Virginia law recognizes that some youth offenses are not necessarily predictors of future behavior. The policy in Virginia law is to try and rehabilitate adolescent offenders as opposed to punishing them. However, drug charges are always taken seriously and even drug charges against minor can have high stakes. In Fairfax County Virginia, a minor is anyone under the age of 17. If a juvenile is above the age of 14, he or she can be tried and convicted as an adult for felony offenses. Procedurally, the cases play out in the following way. The case will be brought to the Juvenile and Domestic Relations Court to determine if there is probable cause for the offense. The Commonwealth’s Attorney can request that the case be transferred to the Circuit Court to be tried as an adult charge. The next step will be a transfer hearing, and the J&DR judge will be tasked with determining whether it would be best to keep the child in J&DR or allow the case to be tried in Circuit Court. There is also a rule that allows the Commonwealth to automatically transfer a case to the Circuit Court after giving notice. However, this rule only applies in drug cases when the juvenile has been convicted of two prior drug distribution offenses committed while over the age of 14. Is It Better for the Juvenile to Remain in J&DR? It is usually much better to try and keep a case in the J&DR courts. J&DR court judges have much better options for the disposition of a juvenile defendant then Circuit Courts. However, the...
