Question: I’m so worried about my 16-year-old daughter. She was charged with shoplifting from the mall (she says her friends bet her to do it) and now has to go to juvenile court. I’ve never dealt with this kind of thing. What is juvenile court like? My daughter is a really a good kid and just got mixed up in the wrong crowd. I don’t want her to be branded a criminal forever.
The first thing you should do is to take a deep breath and realize everything will be okay. In many juvenile court cases, the teenager simply made a bad choice. Juvenile court was created to rehabilitate teenagers and help them become responsible adults, not punish and condemn them for a mistake. Because that is the focus, you should be relieved to know that juvenile court exists to help your daughter, not simply punish her.
Your daughter is not alone in the crime she allegedly committed. According to Utah courts, the most common types of crimes that juveniles commit are shoplifting, possession of alcohol, theft, burglary, possession of marijuana, destruction of property, possession of tobacco, trespassing, violation of curfew, and assault. While the courts take criminal activity seriously, those violations do not justify giving a teenager a prison sentence.
Juvenile courts are different that adult courts. The formality of adult court does not exist in juvenile court. As the parent, you must attend all court hearings. Members of the public can’t attend your daughter’s hearing to ensure her privacy. Your daughter doesn’t have a right to a jury and can’t post bail to get out of detention (if she is required to go to detention). One of the few things similar between juvenile courts and adult courts is your daughter’s constitutional right to due process. This means that she must be told the charges against her, can call witnesses on her behalf, can cross-examine witnesses, and is protected against self-incrimination. She also has a right to an attorney.
If your daughter is found guilty or admits to guilt, she will likely face restitution, fines, and/or community service. Juvenile courts sometimes order a combination of all three.
As far as your daughter’s record, it will not be public information because it is only a shoplifting charge. Only your daughter, you as the parent, and the attorney representing your daughter have access to your daughter’s record. If your daughter committed a felony (and is 14 or older), certain parts of her record would be available to the public.
However, if your daughter is later convicted as an adult of a crime, her record may be made available to a probation officer. Therefore, it is important that your daughter gets her record expunged. A judge can expunge a juvenile’s record if the juvenile has stayed out of trouble for one year after the juvenile court ruled and the juvenile is 18.
Depending on the offense of a juvenile, it is wise to hire an attorney that can help you.
