An 18-year-old Pennsylvania man was recently arrested and charged with raping another juvenile while the two were in a relationship in 2022. Because the alleged rapes occurred before the defendant turned 18, he was charged as a juvenile. Charges include rape, sexual assault, aggravated indecent assault, and indecent assault.
Juvenile Justice in Pennsylvania
In Pennsylvania, criminal cases involving juvenile defendants are typically treated very differently than those involving adults. Juveniles, for example, are not entitled to jury trials. If convicted, they are “adjudicated delinquent” instead of “found guilty.” Their cases are subject to shortened time frames, and in many cases, their trials are not open to the public (though felony cases involving juveniles over the age of 14 usually are).
Steps in a Juvenile Criminal Case
One of the first things that often happens after a juvenile is arrested in Pennsylvania is an intake process that includes a formal “assessment” by a probation officer. The purpose of the assessment is to develop a Case Plan that will be used by the court and juvenile probation personnel as the prosecution moves forward.
There are four ways a juvenile case might proceed after an arrest.
- The case could be dismissed.
- It could result in what is called “Informal Adjustment,” meaning the juvenile is allowed to return home and must follow the probation officer's instructions for up to six months, after which the charges will be dismissed.
- The case could proceed, but proceedings could be suspended if the juvenile agrees to the terms of a probation plan, which may last for up to six months and may be extended for up to six more months. If the juvenile complies with the terms, the case will be closed. Both the district attorney and the Court must agree before this option can move forward.
- The case can move forward to a formal court hearing to decide whether or not the juvenile will be adjudicated delinquent.
What Happens if a Juvenile is Adjudicated Delinquent
If the juvenile is adjudicated delinquent, there will be a disposition hearing to determine what the consequences will be. These can include probation, in which case the juvenile will be allowed to return home, or placement, in which case the juvenile will be detained at a juvenile residential facility for a specific period of time.
Most juvenile residential facilities in Pennsylvania are private, “non-secure” facilities; generally speaking, only a small percentage of juveniles who are adjudicated delinquent are sent to the secure Youth Development Centers operated by the Pennsylvania Department of Human Services.
Parent or Guardian Rights When a Juvenile is Arrested
Parents are typically allowed to be present when their child is being questioned by police. They may also share information with their child's attorney but need to keep in mind that the attorney's job is to represent the interests of the child, not the parents.
How the LLF Law Firm Can Help Your Child
If your child has been arrested and is facing any kind of a charge, you and they need the help of an attorney who is experienced with juvenile justice issues in Pennsylvania. Our Criminal Law Team and the LLF Law Firm Juvenile Justice Team have been representing young people arrested in Pennsylvania for years. We have a strong understanding of the law, the procedures, and how the system works. We can help you understand what is going on with your child, can work to negotiate favorable outcomes with probation officials, and, where necessary, will go to court and fight for your child's rights.
If your child has been arrested in Pennsylvania on any charge, don't delay – call our Criminal Law Team as soon as possible at 888.535.3686 or reach out online to the LLF Law Firm Juvenile Justice Team and schedule a confidential consultation.
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