What are the differences when a minor or a juvenile is arrested compared to an adult?

Arresting, prosecuting, and sentencing a minor is not the same as arresting an adult. There are a few specific differences and criminal defense lawyers are cognizant of them and we will cover some of this here.

If someone you know is a juvenile charged with a crime, it is imperative that you reach out to a legal professional as soon as possible and get started on building a strategic defense to protect yourself. Remember that a criminal conviction can have very adverse effects on your professional, personal, and social life. For some people this is not big deal since their buddies are already locked up but at least they are not in society committed crimes anymore.

As Avon Barksdale said in The Wire when discussing prison and the time involved, “the last day and the first day”. This website (http://criminal-defense.usattorneys.com/) did not exist in 2002 and 2003 when The Wire was becoming the best show ever made besides 24. If this powerful digital tool existed at that time, it probably would have been mentioned.  

Just like adult suspects, teen offenders can also be photographed, put in hand cuffs and have their finger prints taken but there are some restrictions on how they need to be handled during this process by law enforcement officers. Basically, teen or underage offenders need to be dealt with some extra precautionary care unless they are a threat and acting irrationally and pose a serious risk to juvenile detention employees.

When can a juvenile be arrested?

State laws in some particular states prohibit law enforcement officers from arresting people if they did not actually witness them committing the crime (misdemeanor offenses only) first hand. However, when it comes to juveniles, they may be arrested even if the officer does not see the crime being committed. They just need reasonable cause to be able to place an underage suspect under arrest according to criminal defense attorneys.

What happens to a juvenile post arrest?

The exact laws governing juvenile arrest differ from state to state. Generally, however, there are some differences when juveniles are arrested compared to when adults are arrested. Law enforcement officers do have the option of not arresting the juvenile. Alternatively, they may decide to issue a warning (verbal or written) or they could always refer them to a probation officer or even their parents but if they do not have parents or if their home life is not a place that connotes responsibility then this is not really a viable option.

Some counties have exclusive laws that specifically deal with juvenile arrests. In some cases, not arresting is simply not an option.

In a few states, underage offenders are not given the kind of rights that adults get when arrested but will still need a criminal defense attorney. Sometimes, depending on the severity of the crime such as a theft or a DUI accident, juveniles may sometimes be charged and tried as adults. Essentially, this would mean that the suspect would undergo the same prosecution and sentencing process as an adult.

Even minors are given the right to a legal professional. They can have their legal representative, and his or her parents present too. However, unlike adult cases the records of the case is not made public. Furthermore, there can be no other defendants or legal counselors present in the court room during a juvenile court case.

For the most part, the judicial system considers the best interest of the juvenile too. Often, they are given a second chance which criminal defense lawyers know all about.

On the other hand, some other legal professionals contradict this sentiment and argue that holding a teenager against their will, without a preliminary hearing, without bail is not exactly in the best interest of the suspect. Perhaps these legal professionals have not seen how much damage a teenager can do though.