Understanding Juvenile Offenses in Delaware Courts
When a child is accused of breaking the law, the legal process looks very different than it does for adults. Delaware has a separate juvenile justice system designed with rehabilitation in mind, but that doesn’t mean the consequences are minor. Parents and young people facing charges need to understand how the juvenile courts work, what penalties are possible, and why having the right defense is critical.
How does the Delaware juvenile court system work?
Juvenile offenses in the State of Delaware are generally handled by the Family Court system, not the criminal courts where adults are tried. The focus is often on treatment, education, and rehabilitation as opposed to punishment. However, the court still has considerable discretion when imposing penalties, and the outcomes can have a long-term impact on a young person’s record.
Family Court hearings are generally closed to the public. This is to protect the young person’s privacy. Judges take into account the offender’s age, background, and prior criminal record when deciding an appropriate resolution.
Common juvenile offenses
When it comes to juveniles, the charges can range from relatively minor infractions to serious felonies. Some of the most common offenses we see include:
- Shoplifting and petty theft
- Underage drinking or possession of alcohol
- Drug possession and distribution
- Vandalism and property damage
- Assault, bullying, or school-related violence
- Traffic violations like reckless driving
These charges can seem minor, but they carry very serious consequences in the juvenile court system. This includes probation, community service, mandatory counseling, or even placement in a secure facility.
Penalties for juvenile crime
Juvenile offenses differ from adult offenses. The focus for adults tends to be on incarceration. Delaware’s juvenile justice system seeks to balance accountability with rehabilitation. Penalties can include:
- Probation and supervision with strict conditions, such as curfews or school attendance requirements
- Community service as a means of repairing harm to the community
- Mandatory counseling or treatment for substance abuse or behavioral issues
- Detention in a juvenile facility for more serious offenses or repeat violations
It’s important to understand that a juvenile record can follow a child into adulthood, potentially impacting their education, employment, and future opportunities. However, steps can be taken to expunge the juvenile’s record.
Importantly, a juvenile record can follow a child into adulthood, potentially affecting education, employment, and future opportunities unless steps are taken to seal or expunge it.
When can juveniles be tried as adults?
In some cases, Delaware law will force juveniles to be tried in adult court. Typically, these cases involve serious felonies such as violent assaults, robbery, or homicide. Older teens can often be tried as adults. Being tried as an adult means that the juvenile will face the same penalties as an adult, including incarceration.
For this reason, a skilled criminal defense lawyer is critical. Keeping the case in Family Court can make the difference between a sentence of rehabilitation and a lifelong criminal record.
Talk to a Wilmington, DE, Juvenile Defense Lawyer Today
Michael W. Modica represents the interests of juveniles who have been charged with crimes. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
