Juvenile crimes in Massachusetts are treated differently than adult offenses, reflecting the belief that young people have a greater capacity for change and rehabilitation. However, the legal process for juvenile cases can be complex, and the consequences of a conviction can be far-reaching. At DeGiacomo & Mikhlin, P.C., we understand the unique challenges of defending juveniles and are committed to protecting their rights and future. Here are key considerations when defending juvenile crimes in Massachusetts.
The Juvenile Court System
Massachusetts has a separate court system for juveniles, known as the Juvenile Court Department, which handles cases involving individuals under the age of 18 who are accused of committing a crime. The primary focus of the juvenile justice system is rehabilitation rather than punishment. Juvenile courts have jurisdiction over a wide range of offenses, from minor infractions to serious felonies.
Differences Between Juvenile and Adult Proceedings
- Confidentiality: Juvenile proceedings are generally confidential, and records are not as accessible as adult criminal records. This confidentiality aims to protect the young person's privacy and reduce the stigma associated with a criminal charge.
- Sentencing: Juvenile courts prioritize rehabilitation and often impose alternative sentences, such as probation, community service, or participation in educational and counseling programs. Incarceration, if imposed, is usually in a juvenile detention facility rather than an adult prison.
- Right to Counsel: Juveniles have the right to legal representation. It's crucial for juveniles to have an attorney who understands the nuances of the juvenile justice system and can advocate for their best interests.
Key Defenses and Strategies
- Lack of Intent: Many juvenile crimes occur due to impulsive behavior or peer pressure, without a clear intent to commit a crime. Demonstrating a lack of intent can be a critical defense strategy.
- Mistaken Identity: Juveniles may be wrongfully accused or misidentified. Establishing an alibi or providing evidence that the juvenile was not involved in the alleged crime can lead to an acquittal.
- Lack of Capacity: The defense may argue that the juvenile lacked the capacity to understand the consequences of their actions due to their age, mental health, or developmental issues.
- Rehabilitation Potential: Highlighting the juvenile's potential for rehabilitation and positive contributions can persuade the court to impose a less severe sentence focused on reform.
Role of Parents and Guardians
Parents and guardians play a crucial role in the juvenile justice process. They are often involved in court proceedings and must cooperate with probation officers and other court-appointed professionals. Ensuring that the juvenile follows court orders and participates in mandated programs is essential for a favorable outcome.
Transfer to Adult Court
In some cases, particularly those involving serious offenses or older juveniles, the court may transfer the case to adult court. This process, known as a **"Youthful Offender"** hearing, considers factors such as the severity of the offense, the juvenile's age, and prior criminal history. Being tried as an adult can lead to harsher penalties and a permanent criminal record, making it crucial to have strong legal representation to argue against the transfer.
Expungement and Sealing of Records
Massachusetts law allows for the expungement or sealing of juvenile records in certain circumstances. This process can help the juvenile avoid the long-term consequences of a criminal record, such as difficulties in securing employment or housing. Eligibility for expungement or sealing depends on factors like the nature of the offense and the time elapsed since the conviction.
Conclusion
Defending juvenile crimes in Massachusetts requires a nuanced understanding of the juvenile justice system and a compassionate approach to addressing the unique needs of young offenders. At DeGiacomo & Mikhlin, P.C., we are dedicated to providing skilled legal representation and support for juveniles and their families. If your child is facing criminal charges, contact us today for a consultation. Let us help you navigate the legal process and work towards a positive resolution that prioritizes your child's future.