We live in a society with a robust criminal justice system that often harshly punishes behavior that was tolerated or less aggressively policed in the past. This is particularly true when dealing with youth offenders, juveniles under the age of 18 who commit crimes. While more serious crimes committed by juveniles have always had criminal justice intervention, many incidents that used to be handled with internal discipline in schools or by parents are now being referred to law enforcement such as school fights, verbal threats, or bullying. Having an experienced attorney who understands the youth justice system is essential to achieving the best possible outcome.
In Kentucky, crimes committed by juveniles are considered “public offenses”. Public offenses are subject to the same laws as adult offenders but often with different punishments available. Referrals to law enforcement for public offenses can be handled either informally or formally. Informal charges are handled by the Court Designated Workers (“CDW”), the same office that handles status offenses such as running away from home, not attending school, or tobacco and alcohol use.
Informal charges cannot be contested and do not result in a disposition of guilt. Successful completion of a CDW program is treated as completion of diversion and the underlying charges are dismissed. A child is entitled to enter the diversion program if their public offense is a misdemeanor and they have no prior adjudications or chances at diversion. Unfortunately, the terms of diversion are solely at the discretion of the CDW and both parents and children often find them excessive and obnoxious.
Formal charges can be brought when the charges are sufficiently serious to warrant it, the offending child has a prior juvenile history, or the child is terminated from the diversion program. Children are not “arrested” but instead may be taken into custody. This usually only happens if the charges are sufficiently serious to consider the child a danger to society, or if there is no alternative placement. Courts are required to consider the least restrictive placement for the child.
Juveniles have the opportunity to contest the charges against them, but they have less constitutional rights that a similarly situated adult. For instance, while adult defendants have the right to a jury trial and have their guilt or innocence determined by members of the community, juveniles who are not being treated as adults only have the right to a bench trial in front of a judge. This can create a significant difference in outcomes because there are many cases (such as school fights) that don’t have much jury appeal where judges would likely be less sympathetic to the youth.
When a juvenile is adjudicated (admits guilt or is found guilty), the Department of Juvenile Justice (“DJJ”) gets involved in the case. They will create a dispositional recommendation of what should happen to the juvenile. These recommendations can include being probated to parent, services in the community, actively supervised probation, or commitment.
For offenders charged with sufficiently serious offenses or a history of committing felony offenses, the Commonwealth may elect to attempt to try the youth as an adult. KRS 635.020 lays out the criteria for trying a child as an adult. Juveniles aged 14 years or older charged with Capital, A, or B Felonies are eligible for transfer, as well as 16 year old juveniles with prior felony adjudications are eligible for transfer, as well as a few other groups specified in the statute. Before a transfer can happen, an evidentiary hearing must take place where a judge must consider both whether probable cause for the crime exists, as well as if sufficient factors exist to warrant transferring the case to Circuit Court. These factors include the seriousness of the offense, the maturity of the child, whether the child had been previously adjudicated, the likelihood of rehabilitation, and the use of firearms in the commission of the offense. A child that has their case transferred to Circuit Court is considered a “Youth Offender” and is treated like an adult in subsequent court proceedings.
Unlike the adult justice system, the juvenile justice system is not public and records and court proceedings are not available to the public. While this works to protect the privacy of the child, it also creates a cloud of secrecy which can make it difficult for lay people or even attorneys inexperienced with the juvenile law in Kentucky to understand what is happening.
If you or your child is charged with an offense as a juvenile, it is essential that you have an attorney who understands and knows how to navigate the juvenile justice system. Call Levinson Law LLC to set up a consultation today.