Juvenile Cases, Tempe (Arizona)

Did you think a criminal charge is less serious if the offender is a child? That is hardly the truth. Throughout the Phoenix and Tempe area, children are accused and convicted of criminal charges. These convictions can result in detention, house arrest, probation or even adult prison. They also put a huge stress on the family, and can impact your child's future.

Except for certain misdemeanor charges, the juvenile court process behaves similarly to felony cases. Like a felony charge, they are held in Maricopa County Superior courts in the cities of Phoenix, Surprise, and Mesa. Unlike adult felony cases, juvenile cases follow a unique process of multiple hearings, and judgments can include penalty to the parents.

The juvenile court case will begin with an advisory hearing. During this hearing, official charges are explained, and the child is released to their parent or detained in a juvenile facility. Following the advisory hearing, a plea bargain can be arranged in the pre-adjudication conference. These conferences can occur multiple times depending on the nature of the case.

For juveniles that have initially been detained, a detention review hearing will determine if the child should remain in custody, go to a group home or other alternative situation, or be returned to their parents.

Oral arguments and evidentiary hearings are familiar superior court processes that include testimony and arguments from witnesses and lawyers. Following this, an adjudication hearing occurs, which mirrors a felony trial proceeding. Juvenile trials are decided by a judge, and the state is required to prove guilt beyond a reasonable doubt. Sentencing is referred to as a disposition hearing.

Following the determination of guilt in a Maricopa County juvenile case, there is a restitution hearing to determine if the juvenile should pay the victims. The parents of the juvenile may be legally required to pay up to $10,000 in damages.

Following the resolution of trial, some juvenile offenders also attend a review of placement hearing. This is reserved for children that are placed in out of home programs as a result of their disposition hearings. These hearings continue regularly until the child completes their court ordered program.

There are a few different penalties for juvenile offenders depending on the nature of their crimes. Children can be sentenced to probation, which includes the unmonitored summary probation, the monitored standard probation, or the electronically monitored intensive probation with house arrest. They can be detained in a county juvenile facility for up to a year, or the department of juvenile corrections until they are an adult. They can also be subject to drug testing and treatment, fines, or restitution. All financial penalties are the responsibility of both the juvenile and their parents.

For serious offenses, juveniles that are at least 15 years old can be filed in adult courts. When this happens the juvenile faces adult penalties including adult prison or jail.

Adult eligible offenses include:

Chronic felony offenders
Murder
Drive by shooting
Forcible sexual assault
Discharging a firearm at a structure
Armed robbery
Aggravated assault causing serious physical injury
Aggravated assault with a deadly weapon or dangerous instrument

If charged with one of these crimes, there will be a separate transfer hearing following the advisory hearing to determine if the case should be filed in adult court..

If your child or teenager is being charged with a crime it is important to get legal representation not only for them, but also for you. A juvenile charge can affect the entire family, and it is not one that should be taken lightly. If you are in the Greater Phoenix area, or anywhere in Maricopa county including Mesa, Chandler and Gilbert, give our office a call.