Search
Facebook Twitter Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘juvenile rights’ tag

Common Questions About the Juvenile Justice System in Illinois

February 19th, 2020 at 3:47 pm

IL juvenile justice system, IL defense lawyer, IL juvenile attorney, When children get into trouble with the law and face common charges such as retail theft, parents often do not know what will happen next, or what rights their child has. They have a lot of questions and, if your child has recently been charged with a crime, it is likely that you have asked them, as well. Below are some of the most commonly asked questions about the juvenile justice system in Illinois, and the answers to them.

What is the Age of a Juvenile?

In Illinois, anyone that is 17 years old or younger is considered a juvenile if they have been charged with a misdemeanor offense. This law was changed in January of 2010 to increase the age from 16 to 17. The age limit for juveniles is a topic the Illinois legislature continues to debate.

How Long Can My Child be Detained After an Arrest?

The length of time a child is held in custody after being arrested for a crime can seem interminable to parents. If your child is under the age of 12, law enforcement can detain them for no longer than six hours. Children between the age of 12 and 17 can be kept up to 12 hours if they have been accused of committing a non-violent crime, and up to 24 hours if they have been charged with a violent crime.

Can Police Question My Child if I am Not Present?

There is a widely held misconception in Illinois that law enforcement are prohibited from questioning a juvenile without one of the child’s parents being present. This is not true. After a child’s arrest, law enforcement must make reasonable attempts to contact at least one of the child’s parents. If they do not reach you, they can contact another responsible adult to be present.

Although police must make this attempt, they are not required to wait until your arrival to begin questioning your child. They also do not require your permission to question your child. However, a youth officer must be present.

Will My Child be Tried in Adult Court?

Of all the questions asked about the juvenile system in Illinois, this is perhaps the one parents ask the most. Being tried in adult court is, of course, the worst-case scenario since a conviction will have harsher sentences and can result in a minor spending time in prison with adults.

Whether or not a juvenile is tried in adult court largely depends on the nature of the alleged crime. When a minor is accused of a misdemeanor crime and is 17 years old or younger, they will most likely be tried in juvenile court. Minors accused of committing a felony offense will usually remain in the juvenile system only if they are 16 years old or younger.

Is Your Child Facing Charges? Call Our Illinois Juvenile Defense Lawyer

Learning that your child has been charged with a crime is an incredibly upsetting experience. You are feeling anger, frustration, and sadness, and likely also have many questions about what will happen next. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows juvenile defense lawyer can answer them all. Attorney Cosley has extensive experience with the juvenile justice system in Illinois. He understands how to navigate it to give you and your child the best chance of a positive outcome. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

http://ijjc.illinois.gov/publications/raising-age-fact-sheet

Questioning of a Minor Without Parents or an Attorney

October 31st, 2019 at 2:17 pm

juvenile-defenseWhen your child has been arrested for an offense such as underage drinking, the situation can be terrifying. One of the most frightening aspects of this scenario for parents is learning that their child was questioned by police without an attorney, and without either parent being present. So, what does the law say in Illinois about questioning a minor? Are police officers required to ensure the parents or the child’s attorney is present?

What Is the Definition of a Minor?

Under the Juvenile Court Act of 1987, individuals 18 years old or younger are considered minors in Illinois. Even minors charged with a felony are still considered juveniles and are tried in juvenile court. However, if the court views the crime as especially heinous, a juvenile may be transferred and tried in adult court. This process typically only applies to violent offenses such as murder and rape.

How Long Can Law Enforcement Detain a Minor?

Just like with adults, if a police officer suspects a minor of committing a crime, they can take them to the police station for questioning. These questions, and the answers to them, could potentially be used as part of the investigation and considered evidence. The length of time law enforcement can detain minors depends on the age of the minor.

When the child is younger than 12 years old, law enforcement can hold them up to six hours or charge them with a crime. If the child is between the ages of 12 and 18, law enforcement can detain the minor for up to 12 hours if the alleged crime was a non-violent offense. In instances in which the alleged crime was a violent offense, law enforcement can detain a minor for up to 24 hours.

Questioning Without an Attorney or Parent Present

In most cases, law enforcement can question a minor without an attorney or their parents present. However, new legislation was signed into law in August of 2016 that could require an attorney, depending on the circumstances and the age of the minor. The most recent law requires law enforcement to:

  • Ensure an attorney is present when the child is 15 years old or younger and has been charged with a murder or sex offense
  • Read the minor a simplified version of their Miranda rights if the child is under the age of 18
  • Specifically ask the minor if they would like a lawyer present if they are under the age of 18
  • Videotape the interrogation if the minor is under the age of 18 and being charged with a felony offense or a misdemeanor sex offense

The only requirement mandated by Illinois law as it pertains to parents being present for questioning is that law enforcement must make a reasonable attempt to contact them. Unfortunately, the law does not specify what constitutes a reasonable offense, nor does it state the penalties for law enforcement when they do not comply.

Has Your Child been Charged with a Crime? Call Our Illinois Criminal Defense Attorney

If your child has been arrested, you need the help of our skilled Rolling Meadows criminal defense attorney at the Law Offices of Christopher M. Cosley. We understand that police do not always uphold the rights of minors. When that happens, we know how to get evidence thrown out and craft a solid defense to give your child the best chance of a successful outcome. Do not navigate the juvenile justice system on your own. Call us today at 847-394-3200 for a free consultation so our attorney can review your case.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-16

 

Back to Top Back to Top Back to Top