request
X

FREE CONSULTATION

Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon

  • This field is for validation purposes and should be left unchanged.

*Indicates Required Fields

bbb-rating

Call Today for a FREE CONSULTATION

SE HABLA ESPAÑOL

(773) 908-9811

(773) 377-4310

AVAILABLE 24 HOURS/7 DAYS

menu

X

request

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

FOLLOW US:

Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

blog_homeBlog Home

Illinois Has Changed the Way It Handles Juvenile Crimes

If your child is charged with a crime, it is normal for you to be nervous. After all, many adults are afraid of being charged with a crime – naturally you’re scared for your kid.

 

Juvenile courts and criminal processes are separate from adult court, but your child may still have to go to trial, be interrogated by police, or have a mark on their criminal record while applying for college, jobs, and so on. Plus, since these two courts are different, the process can be confusing for many parents.

 

Laws and criminal processes for juveniles have changed over the years, but recent laws have been put in place to benefit juveniles who have been charged with a crime. The current thought is that locking up children just isn’t beneficial, especially when the state of Illinois has rehabilitation programs for juveniles that are less expensive and more effective than putting kids in a detention center.

 

Moreover, Governor Rauner has made a promise to reduce the overall prison population by 25% in the next 10 years – including the juvenile population. The work is already happening: in July 2016, the Illinois Department of Juvenile Justice (IDJJ) reported a 44% decrease in juveniles who are serving time in IDJJ facilities.

 

If your child has been charged with a crime since January 1st, it will be helpful for you to review the recent changes to the law so you understand what he or she is up against and how best to protect their rights and fight back against the charges.

 

2017 Changes to Illinois Juvenile Crime Laws

 

Interrogation: Before 2017, children as young as 13 could be subjected to a police interrogation without a criminal defense lawyer present. Now, all children under the age of 15 must have a lawyer present during the interrogation process.

 

Expungement: Wouldn’t it be nice if your child could wipe their criminal record clean? If they were charged or arrested for a crime before they turned 18, they can. Illinois has allowed expungement in these cases to give children a better chance at getting into higher education or securing a good job. You should note, however, that law enforcement can still see an expunged record.

 

Standards for Law Enforcement: If a juvenile in the system has a “critical incident” like a suicide attempt, the Department of Juvenile Justice has to stay on top of it. The DJJ must file an incident report within 10 days so that no critical information is lost or neglected during court proceedings.

 

Chicago Juveniles Crimes Lawyer

Probation: Even before this year, the Department of Juvenile Justice has aimed to avoid detention facilities and give children the option of either rehabilitation programs or probation. Probation can still be very limiting. Juveniles may be prevented from attending certain events with their friends, must report to a probation officer, and so on.

 

Before this year, though, probation lasted a long time: for certain crimes, there was a mandatory five-year probation period for juveniles. The laws have changed so that the probationary period for many crimes (including violent crimes, but not first degree murder) has been reduced. Now, juveniles will be able to serve their time and get on with their lives as productive citizens faster.

 

Drug Crimes: Illinois has been making moves across the board to reduce drug crimes sentences, including decriminalizing marijuana. For juvenile drug offenders, these reductions mean that jail time may no longer be something they need to worry about. If a juvenile is charged with either Class 3 or Class 4 controlled substance crime, new laws prohibit judges from sending that minor to IDJJ facilities. There is one exception: if the child has multiple probation violations under their belt, they may be committed to the IDJJ.

 

New Court: Maybe your child just missed the cutoff and was charged with an adult crime at the age of 18. Now, there is still hope for the courts to focus on rehabilitating, rather than punishing, your child.

 

That’s because Cook County is opening a Restorative Justice Community Court this year. The court will focus on giving individuals between the ages of 18 and 26 who have been charged with nonviolent offenses the option of paying reparations through community service, rather than jail time. The court will be in the same building as mental health services, counseling, and drug training, your child will also have easy access to those resources to help him or her become a productive citizen.

 

My Child Was Charged with a Crime… What Now?

My Child Was Charged with a Crime in Illinois… What Now

These laws do not mean your child will go through criminal proceedings without any form of penalty. There is still the possibility of probation, fines, and other consequences. Moreover, until you make the effort to apply for expungement or record sealing, your child will still have the arrest, charge, or conviction on their permanent record, which is something that can make it hard to find housing, get a job, be accepted into college, and more.

 

Bottom line? If your child is charged with a crime, reach out to a juvenile crimes lawyer. A skilled attorney will not only be the best chance for your child to experience a positive outcome, they can also walk you through the process of getting your child’s record expunged.

 

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Our Blog

Criminal Trespass and Civil Rights in IL: Discrimination and Profiling

Criminal Trespass

Criminal trespass laws are essential for protecting property rights and maintaining public safety. However, the enforcement of these laws can sometimes intersect with civil rights protections, leading to issues such as discrimination, racial profiling, and selective enforcement. In Chicago, individuals facing criminal trespass charges may be caught in these complex dynamics’ crosshairs. In this blog, we will explore the intersection of criminal trespass laws and civil rights protections in Illinois, shedding light on the challenges posed by discrimination and profiling [...]

RICO Act: Implications for White Collar Crime Cases in Chicago

White Collar Crimes

In the realm of combating organized crime and corruption, the Racketeer Influenced and Corrupt Organizations (RICO) Act stands as a formidable legal instrument. Originally enacted in 1970, this federal statute has been pivotal in targeting various criminal enterprises, including white-collar crimes.

In Chicago, a city with a complex socioeconomic landscape, understanding the implications of the RICO Act on white-collar crime cases is crucial. Let’s delve into the intricacies of this legislation, its application, potential penalties, defense strategies, and the significance [...]