When a juvenile is charged with a crime, it is a terrifying moment for both the parents and the child. If your child is facing criminal charges in Tucson, Arizona, a Tucson juvenile crimes lawyer can help you navigate the stress of the following days, weeks, months, and even years.
The experienced legal team at Katsarelis Law Criminal Defense Attorneys is prepared to fight for your child’s freedom. We have over 45 years of combined experience protecting the rights of criminal defendants, including children. Just because your child is underage doesn’t mean the government will cut them a break.
Call us at (520) 510-0439 or contact us online to speak with a Tucson juvenile crimes attorney and get a head start defending your child today.
How Katsarelis Law Criminal Defense Attorneys Can Help If Your Child Is Arrested For A Juvenile Crime In Tucson
If your child is arrested for a juvenile crime in Tucson, Katsarelis Law Criminal Defense Attorneys can explain how the legal process differs from adult court. Our attorneys draw from a wealth of knowledge and have a consistent track record of success.
A Tucson juvenile crimes lawyer on our team will:
- Explain the law and potential penalties
- Discuss the juvenile court process
- Negotiate with the prosecutor
- Fight to keep your child out of jail
- Represent your child at every court appearance
- Protect your child’s constitutional rights
We know that juvenile cases are high-stakes. When kids are sent to jail, it can have serious consequences for their future. Call our office to begin working with a Tucson criminal defense attorney immediately.
Juveniles charged with crimes are treated differently than adults charged with crimes. There is an entirely separate court that handles juvenile cases. Below you will find an overview of the juvenile criminal court system in Arizona.
Terminology In Juvenile Court
When you step foot in a juvenile court, you might notice that the judges and lawyers use completely different terminology than in adult court. Though the words are different, many of the same concepts exist in both.
A juvenile convicted of a crime is called “delinquent,” and the trial process is “adjudication.” As a result, a child who is found guilty of a crime is “adjudicated delinquent.” The court-imposed consequence is called the “disposition” instead of the “sentence.”
Common Types Of Juvenile Crimes
For the most part, children can be charged with the same crimes as adults. Criminal behavior tends to transcend age. However, certain crimes only apply to minors because the behavior is illegal based on their age.
In Tucson, children are regularly charged with:
- Drug crimes
- Shoplifting
- Robbery
- Assault and battery
- Burglary
- Possessing or unlawfully using weapons
- Underage drinking
- Truancy (skipping school)
- Driving under the influence of alcohol
- Vandalism
- Reckless driving
These charges range in severity. They are categorized as either misdemeanors or felonies, which can impact the court process and disposition. In some cases, a child can be charged as an adult.
When Are Juveniles Charged As An Adult?
Only children over the age of 14 can be tried as an adult. In Arizona, there are three ways that a child can end up in adult court:
- Judicial Waiver
- Statutory Exclusion
- Prosecutorial Discretion
A judicial waiver is when the judge transfers a juvenile to adult court. The judge can do this in any felony case if they find that the transfer serves the public interest. The court will consider several factors, including the seriousness of the offense, previous delinquencies, and the child’s mental and emotional health.
Statutory exclusion happens when the prosecutor must file criminal charges in adult court. This only applies to children with two or more felony adjudications, also called chronic felony offenders. The children must be charged with a serious crime such as murder, sexual assault, or a violent felony.
Prosecutorial discretion means that the prosecutor can file charges in either adult criminal court or juvenile court. This can apply to chronic felony offenders charged with less serious felonies, all class 1 and class 2 felonies, and some of the most serious class 3 felonies.
The Juvenile Court Process
The juvenile court process begins for most children through either an arrest or a citation. If a child is issued a citation, they must show up to court on the date and time listed on the ticket. If a child is arrested, they will go to a detention center and have an advisory hearing within 24 hours.
At the advisory hearing, the child will enter a plea, and the court will decide whether or not to release the child pending the adjudication hearing. If the child is released, there may be conditions for the release. If the child is held in detention, they will remain in custody until the adjudication.
The adjudication hearing is like a trial. The prosecution can question witnesses and the juvenile defense attorney can cross-examine the witnesses. The defendant also has the right to testify and call witnesses of their own. At the end of the hearing, the judge decides whether the child is adjudicated delinquent.
If so, then the judge will set a disposition hearing. This usually happens at some later date so that a probation officer has time to gather pertinent information for the hearing. At the hearing, the prosecution and defense attorney both argue for or against a particular punishment.
What Are the Penalties For Juvenile Crimes In Tucson, Arizona?
Children often receive more lenient dispositions for crimes in juvenile court than adults in adult criminal court. That’s because juvenile court judges have more discretion than adult court judges. The assumption is that children are more likely to be rehabilitated than adults. As a result, judges should impose the least severe penalty and focus on giving the child resources to move on from criminal activity.
Ultimately, the penalty depends on the crime and the child’s needs. Some of the most common dispositions include:
- Probation
- Ankle monitoring
- Diversion programs
- Drug treatment
- Therapy
- Restitution
- Apology letters
- Curfew
- Educational requirements
- Getting a job
- Staying out of trouble
- Avoiding certain friend groups
- Juvenile detention
Most children are sentenced to the Arizona Department of Juvenile Corrections as a last resort. This only happens if the judge decides that it is in the public’s interest to detain the child. Usually, this applies to children adjudicated as delinquents of serious offenses or those who have previously failed on probation.
What Defenses Can Be Raised If My Child Is Accused Of A Juvenile Crime?
Children can raise the same defenses that an adult can raise in criminal court. The best defense depends on the charges and the details of the case. Some examples of commonly used defenses include:
- Mistaken identity
- Lack of intent
- Alibi
- Insufficient evidence
- Entrapment
- Procedural violations
- Constitutional violations
- Issues with chain of custody
Even though a parent may be involved in the child’s case, the child is the client. A Tucson juvenile crimes lawyer will talk about the best defense with the child, and go over all of the options. The defense may be immediately clear, or it could take some time to build after reviewing all of the evidence.
It is important to remember that sometimes, the best defense is procedural. This means that the police, prosecutor, or other actors broke a procedural rule or constitutional right. As a result, the child may catch a break.
What Evidence Is Used In Juvenile Court Cases?
The police will investigate your child’s case and collect evidence to use in juvenile court. A defense attorney can also independently investigate the charges and collect evidence, as well. The most common pieces of evidence are:
- Witness testimony
- Photographs
- Videos
- Text messages or phone call records
- Physical evidence
- School records
- Medical records
The prosecutor must turn over certain evidence during the pretrial discovery process. This ensures that the juvenile and their lawyer have access to the information so that they can prepare for court. This is the only way to defend the juvenile adequately. The prosecutor must share:
- Witness information and statements
- The juvenile’s statements
- Co-defendant’s statements
- Police reports
- Expert information
- List of evidence to be admitted at the adjudication hearing
If the prosecutor doesn’t turn over this information, it may be considered a discovery violation. This could result in the exclusion of the evidence at the hearing or more serious consequences, such as a dismissal of all charges.
Schedule A Free Case Evaluation With A Tucson Juvenile Crimes Lawyer
There is nothing more important than protecting your child from juvenile detention. A Tucson juvenile crimes lawyer at Katsarelis Law Criminal Defense Attorneys will fight for your child at every step of the juvenile court process in Arizona. Our attorneys are highly experienced and know how to work with kids and their families. We handle each case with sensitivity and confidentiality. Call our office to schedule a free case evaluation today.
Tucson, AZ Courts
- Federal Court – Congress St, Tucson, AZ 85701
- United States Bankruptcy Court – District of Arizona Tucson – 38 S Scott Ave #100, Tucson, AZ 85701
- Tucson City Court – 103 E Alameda St, Tucson, AZ 85701
- Pima County Consolidated Justice Court – 240 N Stone Ave, Tucson, AZ 85701
- Superior Court of Arizona in Maricopa County – 201 W Jefferson St, Phoenix, AZ 85003
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
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Visit Our Criminal Defense Law Office in Tucson, AZ
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701, United States
(520) 510-0439
