Before the 1960s, a minor had almost no constitutional protections in juvenile court. But now, after years of U.S. Supreme Court decisions and other changes in the law, the due process rights of a minor have increased substantially. While these rights still differ from the rights accorded to adults in criminal court, a minor still has constitutional protections. Here then is a breakdown of some of the due process rights that do and do not get applied in a juvenile case:
- In 1967, the U.S. Supreme Court ruled that an accused minor should be informed about the delinquency charges leveled against them. This is the right to notice of the charges.
- Juveniles also have the right to counsel. From the same U.S. Supreme Court case, juveniles were granted the right to an attorney, and a state-appointed attorney will represent them if they cannot afford a lawyer.
- Minors have also been granted the privilege against self-incrimination, which means that a juvenile does not have to testify against him or herself; they can invoke the Fifth Amendment.
- A minor also has the right to confront witnesses, even though they are not taking part in an official trial in criminal court. At a juvenile adjudication hearing, a minor’s lawyer can cross-examine the state’s witnesses.
- Whenever a juvenile is in delinquency proceedings, looking at potential incarceration or adjudication, the juvenile has the right to have charges proved beyond a reasonable doubt. In proceedings where other penalties are involved, charges only have to be proved by a “preponderance of evidence”.
Then there are a couple of rights that do not exist in a juvenile case, rights which make for a marked difference between juvenile court and criminal court. First of all, a minor does not have the right to a jury trial. In Arizona, as with most states, minors never have this right, regardless of the circumstances. A minor does not have the right to bail either, but this does not mean that they have to stay in custody. Often enough, a minor can be released to parents or guardians while awaiting their hearing in juvenile court. If you need to know more about rights in juvenile court, or if you or a loved one need legal representation, you can find the assistance you need from our knowledgeable Phoenix criminal defense lawyer. It is in your best interests to act immediately, as a conviction in juvenile court can greatly diminish a young person’s entire future, their getting into a good school, landing a job, and more. One mistake, or one undeserved charge, should not turn into such drastic consequences. Get the powerful legal defense you deserve. Contact the Davidson Criminal Defense & DUI Law Firm today!
