JUVENILE DELINQUENCY
In Pennsylvania, a delinquent act is a crime other than murder, certain violent felonies
and summary offenses, committed by a person under 18 years of age. When such a juvenile is
alleged to have committed a delinquent act, the matter is dealt with in juvenile court, a special
branch of the Court of Common Pleas which is set up to deal with these individuals. In addition,
the Juvenile Act gives juvenile court jurisdiction over those persons between the age of eighteen
and twenty-one who are alleged to have committed a delinquent act before their eighteenth
birthday.
|
|
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM at (814) 459-4411.
|
|
When the child is charged with a delinquent act, the case is administered by the juvenile
probation department. An adjudication hearing is set, usually before a juvenile court Master,
although the child has the right to have his or her case heard by a judge instead. At this
adjudication hearing, the District Attorney presents the Commonwealth's evidence upon which
the allegation of delinquency is based. The defendant, just as in a criminal trial, is then given the
opportunity to present his or her side. At these proceedings, the juvenile has the absolute right to
be represented by an attorney. If an attorney's fee cannot be afforded, the Public Defender's
Office represents the juvenile free of charge. After consultation with the attorney, it may be that
the defendant wishes to admit the offenses which he or she is alleged to have committed. This,
likewise, is usually done before the juvenile court Master, and is equivalent to a guilty plea in
criminal court.
Any recommendation made by the Master following an adjudication hearing is subject to
approval by the court. If, following the adjudication hearing, the recommendation is for
dismissal, the allegation of delinquency is dismissed and the case closed. However, if the
allegation of delinquency is either admitted by the juvenile or sustained by the Master after an
adjudication hearing, a second hearing is scheduled. This proceeding, called a dispositional
hearing, is held before a Common Pleas Court Judge.
At this hearing the judge talks with the parents, the probation officer assigned to the case,
and others who can shed light on the juvenile's situation at home, at school and in the
community. At the conclusion of the hearing the judge makes an order which may range from
placing the child on probation at home, to an indefinite placement at a secure institution. After
such an order is entered and enacted, the case is subject to regular judicial review hearings in
order to determine the child's progress. When the court determines that sufficient cause exists,
the case is ordered closed, and the juvenile court relinquishes its jurisdiction over the child. In
any event, the juvenile court can only oversee the defendant until his or her twenty-first birthday.
In Pennsylvania, a juvenile enjoys most of the same rights guaranteed to an adult by the
United States and Pennsylvania Constitutions. Likewise, it is hoped and expected that he/she
will comply with the law which is enacted to ensure the safety and security of all.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
