by Faraji Rosenthall | Mar 23, 2015 | Juvenile
How to Handle a Pending Juvenile Theft Case in Fairfax County If your child has been arrested for theft or shoplifting, you can expect that: The case will be handled in the juvenile justice system as opposed to the criminal courts. Your childmay be labeled a delinquent if found guilty of theft. What Is Theft? Theft is the intentional stealing of goods or services belonging to someone else. Petit theft is larceny of goods valued under $200, while grand theft is deprivation of goods or services over this amount. Why A Juvenile Justice System? Minors are processed in the juvenile justice system when misdemeanor charges arise. This happens because minors are largely considered to be incapable of making rational or calculated decisions on their own. Additionally, the system is designed to be focused on rehabilitation, rather than incarceration. There are substantially more punishment options available for juveniles than for adults. There is also a heightened focus on not creating a permanent record that may have implications in the future. Who Are Juveniles? What’s the age of a juvenile, you may ask? This is anyone between the ages of 6 and 18 years old. Alternatively, some minors over the age of 14, who have also committed certain felonies may be tried as adults. This is fairly rare and will only take place amongst the most violent offenders who are accused of particularly dangerous crimes. Also a 17 year old will be more likely to be tried as an adult than a 14 year old. How to Handle False Allegations An accusation of theft doesn’t always have to play out in...
by Faraji Rosenthall | Mar 23, 2015 | Juvenile
How Long Does a Juvenile Case Stay On Record in Fairfax County? Are you wondering how long your juvenile record will stay on file? Will it haunt you past your 18th birthday? Let’s find out the facts regarding juvenile records in Fairfax County, Virginia: The records are typically sealed upon the offender’s 19th birthday, or after a window of five years has passed without incidence. This incidence could mean that there were no repeat offenses by the juvenile in question. After records are destroyed, these are not available for public access. Nevertheless, some authoritative boards may be granted access, including the courts or law enforcement. The record is usually destroyed when there were no felonies committed, and/or the juvenile was not found guilty. Under these terms, juveniles and their parents can expect the record to be sealed at the eligible timeline of the 2nd day of January. Exemptions Say for instance a juvenile committed a felony offense, such as second-degree murder. Are these records expunged after the 19th birthday? According to Virginia laws, the juvenile may be tried as an adult, and similar to adult records, the notation would remain on file for public view. What about juvenile traffic offenses? In the event of traffic offenses, these can remain on file with the DMV until the said juvenile reaches 29 years old, or earlier as determined by the charge and the DMV. Other Facts about Juvenile Crimes Many misdemeanor offenses require that the juvenile’s driver’s license is suspended for a certain period of time. A Juvenile can be tried as an adult if he or she committed a felony...
by admin | Mar 20, 2014 | Juvenile
Juveniles who are set to serve life sentences with life parole (for non-homicidal crimes only) may not be able to take advantage of SB142 until 2015. The bill allows juveniles in this situation to appeal for a shorter sentence. This appeal will only take in effect after an individual has either served 20 years or turned 35 years old. The decision to move the vote for SB142 came from the House Criminal Law Subcommittee. This turn of events did not come as a surprise to many, as the bill is relevant to serious crime ranging from assault to rape. The choice to put the bill on the back burner was expected. Sen. Dave Marsden of D-Fairfax, the bill’s patron, mentioned that talks regarding SB142 are complex. On the contrary, SB142 would help individuals such as Travion Blount. The man took part in an armed robbery when he was 15. During the crime, no one was physically hurt. The other participants were given a 10 and 13 years sentence. Blount received six life terms plus 118 years. Because of this, Blount’s appeal to the federal court regarding this matter is currently...
by admin | Dec 2, 2013 | Juvenile
It’s a call every parent dreads. On the other end of the phone is a police officer, telling you your child is in custody facing criminal charges. You might feel furious, scared, helpless — or most likely, all three. It may well be your first experience with the justice system. What do you do? Be Familiar with the Process Start by educating yourself. The terms used to describe juvenile cases differ from what you might expect. Adult cases begin with “warrants” or “indictments.” Juvenile cases start with “petitions.” Situations involving adults are called “criminal cases.” When a juvenile is involved, they are known as “delinquency cases.” Children are usually found “delinquent” instead of “guilty.” All juvenile cases in Fairfax are filed with the Juvenile and Domestic Relations District Court. After the petition comes the detention hearing. These are held daily in Fairfax. You’ll be told when your child’s hearing is scheduled. Your child’s trial rights will be explained at the hearing, and a trial date will be set. The issue of custody pending trial will also be addressed. Your child may be released to your care or held in custody at Shelter Care or the Fairfax County Juvenile Detention Center. The former is similar to a group home facility, and the latter is a juvenile version of prison. When your child’s trial date arrives, he or she has several options. Like an adult, your child can plead guilty, not guilty, or nolo contendere (meaning “no contest”). A guilty verdict will result in sentencing. There is more flexibility in juvenile sentencing than you might expect. This is because the court...
by admin | Nov 4, 2013 | Juvenile
Possession of alcohol. Reckless driving. DWI. Assault and battery. Shoplifting. Drug possession or distribution. Vandalism. Minors in Fairfax are charged with offenses like these all the time. Teenagers make mistakes, of course. But these charges can have serious and lasting consequences if not handled properly. It doesn’t matter if it’s you facing charges or your son or daughter. Even a small infraction can cause fear and anxiety. Having some idea of what to expect can help calm fears. So can working with an experienced attorney. What happens when a child under the age of 18 is arrested or charged? Juvenile Courts vs. Adult Courts Cases against minors originate in the juvenile court system. It is set up to help and rehabilitate children who have made mistakes, not to punish them. The juvenile system doesn’t use incarceration the way the adult court system does. Instead, it relies on a wide variety of specialized programs and services. The goal of these programs is to reduce the likelihood that a child will commit more offenses down the road. In Fairfax, the Fairfax County Juvenile Court handles these cases. Fairfax is Virginia’s largest county. That means its court offers many programs and services that other, smaller jurisdictions don’t. Minors facing charges in Fairfax have more options. They also have more information they need to understand and more decisions they need to make. A minor who commits a particularly serious offense may be tried in an adult court rather than a juvenile one. This situation should be avoided if at all possible. It is far better for a minor to be tried in juvenile...
