Juvenile arrests have become an increasingly difficult problem for local agencies to address. Juveniles can be tried as adults in many circumstances, and while it may seem warranted for the crime committed, it is often without direct understanding of the mental capacity of the child. Prior to age 17, many children do not have the emotional and psychological capacity to be placed in the same prison system as adults who have been committing crimes all their lives. If you or your child have been charged with an offense as a juvenile, seek the guidance of our experienced San Jose juvenile crimes attorney as soon as possible.
Juvenile law is broken down into various offenses, including crimes that would be legal if committed by adults, and crimes in which juveniles are treated as adults. For example, a juvenile who possess an alcohol beverage or is arrested with a blood alcohol content of .01% may face criminal penalties. In other extreme cases, a juvenile may be tried as an adult. Many of these juveniles have grown up in a household without many rules and without very much guidance. The prison system will only work to further infiltrate their mindset and rather than rehabilitate them, will often cause these juveniles to become more hardened and adept at criminal offenses. While many offenses that cause a juvenile to be tried as an adult are severe (including murder and rape), they do not always rise to the level of trial as an adult.
Prior to any case in which a juvenile is to be tried as an adult, a court must make a determination of the juvenile's fitness or ability to stand trial as an adult. The court will consider all other options, including juvenile detention centers and other rehabilitative methods. During this determination, the court will consider all outside factors of the crime, and the juvenile's background, including their history, the degree of criminal sophistication, and whether past attempts at rehabilitating the juvenile were successful.
Many juvenile offenses do not lead to prison time, but instead lead to probation, fines, and community service. While juveniles may be less than enthused to face these penalties, they are often a much better choice than years or decades in state jail or prison. Juvenile crimes often require constant check-ins with a probation officer or other court-appointed supervisor. In extreme circumstances, the juvenile may be removed from their parents and placed with another family or institution. It is important to attempt to be tried as a juvenile and not as an adult with the help of a San Jose juvenile crimes attorney, since many convictions as a juvenile will be sealed prior to the juvenile reaching adulthood. This will prevent the juvenile's record from impacting their future, including their ability to gain a job or maintain custody over their children.
Ahmed and Sukaram Law | San Jose Juvenile Crimes Attorneys
If you or your child have been arrested for a juvenile crime, do not hesitate to contact the San Jose defense attorneys of Ahmed and Sukaram. Our attorneys are experts in handling juvenile crime arrests including drug sales, assault and battery, gang crimes, and others, and will work tirelessly to reduce your sentencing. Juveniles do not belong in prison cells for decades, but instead need to be offered the ability to rehabilitate from this behavior. The incarceration of a juvenile will not lead to rehabilitation, but may instead lead to more severe behavior in the future, and will mark a juvenile of a certain age for a life with a criminal record. Contact our San Jose office today for your initial free consultation.