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Juvenile Criminal Charges in Delaware: What Parents and Guardians Should Know

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There are no more stressful situations for a parent than learning that their child has been accused of a crime. How juvenile criminal cases are handled in the State of Delaware is different from how adult cases are handled. However, the consequences of juvenile criminal cases can have long-lasting effects on the child unless they are properly addressed.

How juvenile cases differ from adult criminal cases

The juvenile justice system in Delaware has been built around rehabilitation rather than punishment as its primary goal. Juvenile cases are typically heard in Family Court, rather than in criminal court.

This does not mean it does not count, though. “Less formal” does not mean “less serious.” Juvenile cases can lead to detention, probation, and other consequences with long-term effects on the child well into adulthood.

The system emphasizes “accountability, public safety, and the child’s best interests.” The verdict, however, depends on the circumstances and defense of the case.

Common juvenile charges in Delaware

Juveniles in Delaware can be charged with a variety of different crimes. These include:

  • Theft or shoplifting
  • Drug possession
  • Assault or school fights
  • Vandalism or property damage
  • Weapons offenses
  • Sex crimes

Certain relatively minor offenses can become very serious, particularly for juveniles with a history of involvement with the justice system.

Can a juvenile be tried as an adult?

There are serious cases in which Delaware law allows juveniles to be prosecuted as adults. These cases usually involve older juvenile offenders or violent felonies.

When the option of adult court is present, the consequences are more severe. Adult convictions have more serious consequences, including harsher penalties and criminal records. 

The importance of legal representation 

Juveniles have the same basic constitutional rights as adults, including the privilege to remain silent and have an attorney. However, juveniles might not understand these rights and may say things that hurt their case.

The role of an experienced juvenile defense lawyer is to:

  • Protect the juvenile’s rights during the investigation
  • Confront improper police conduct
  • Seek diversion programs or other sentencing alternatives
  • Keep the case in juvenile court
  • Reduce the impact on the juvenile’s life

The sooner a juvenile is represented by a lawyer, the better the chances for a positive outcome. 

Talk to a Wilmington, DE, Juvenile Defense Lawyer Today 

The Law Office of Michael W. Modica represents the interests of Wilmington juveniles who have been charged with criminal offenses. Call our Wilmington criminal defense attorneys today to schedule an appointment, and we can begin preparing your defense immediately.

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