Juvenile Defense Lawyer in Decatur

Potential Dispositions (Sentences) in Illinois Juvenile Court

The outcomes in juvenile court, known as "dispositions," are diverse and aim to rehabilitate. A skilled juvenile defense lawyer in Decatur will advocate for the least restrictive and most beneficial disposition for your child.

• Continuance Under Supervision (CUS): An informal disposition where the minor is placed under supervision for a short period. If successful, the case is dismissed, and no formal adjudication of delinquency occurs. This is very favorable for the minor's record.
• Probation: The most common disposition. The minor is placed under supervision of a probation officer for a set period (typically up to 5 years, or until age 21) with various conditions:
  • Regular reporting.
  • Community service.
  • Fines, fees, and restitution: Note: As of July 2023, Public Act 103-0379 prohibits the assessment of fines, fees, and court costs against young people and families by juvenile courts in Illinois. This is a significant positive development for juveniles.
  • School attendance.
  • Counseling or treatment programs (e.g., substance abuse, anger management).
  • Curfew.
  • No contact with victims or co-defendants.
  • Participation in specific programs (e.g., Juvenile Detention Alternatives Initiative - JDAI).
• Conditional Discharge: Similar to probation but typically with less intensive supervision.
• Court Supervision: For certain less serious offenses, particularly traffic-related, the minor may be placed on court supervision, leading to dismissal upon successful completion.
• Restitution: Ordered to pay money to victims for damages caused.
• Community Service: Ordered to perform a certain number of hours of useful public service.
• Detention: Commitment to a juvenile detention center (county youth home) for a short period. This is generally reserved for more serious cases or probation violations.
• Commitment to Illinois Department of Juvenile Justice (IDJJ): The most severe disposition, reserved for serious felonies. The minor is committed to the state's juvenile correctional facilities until their 21st birthday.

Even with its rehabilitative focus, a juvenile record in Illinois can have lasting consequences if not properly managed. While often confidential and sealable, it can still impact future criminal cases, military enlistment, and certain security clearances. There may also be significant educational impacts, including school disciplinary actions and effects on college applications. 

Although general employers typically won't see sealed records, employment in sensitive positions can be affected. Furthermore, many delinquent acts trigger mandatory driver's license suspensions or revocations, regardless of whether the case proceeds in juvenile or adult court.

Transfer to Adult Court:

This is perhaps the most critical concern for juveniles charged with serious offenses. In Illinois, a minor can be prosecuted in adult criminal court under certain circumstances, losing the rehabilitative focus of the juvenile system and facing adult penalties (prison, permanent criminal record).

• Automatic Transfer (Statutory Exclusion): For certain serious offenses, the law automatically transfers jurisdiction to adult criminal court based on age and the crime alleged.
• Age 16 or 17: Charged with First-Degree Murder, Aggravated Criminal Sexual Assault, or Aggravated Battery with a Firearm.
• Age 15 or older: Charged with First-Degree Murder, Aggravated Criminal Sexual Assault, or Aggravated Battery with a Firearm. (Historically, this was broader; the law has narrowed somewhat.)
• Discretionary Transfer (Waiver): For juveniles as young as 13, the State's Attorney can file a motion to transfer a case to adult court. The juvenile court judge holds a hearing and considers various factors to determine if it is in the best interests of the minor or the public for the case to be transferred (e.g., age, maturity, criminal history, nature of the offense, availability of juvenile facilities).
• Presumptive Transfer: For certain offenses (e.g., 15+ charged with drug offenses in specific quantities, or gang-related felonies), there is a presumption that the case should be transferred to adult court, placing the burden on the defense to argue against transfer.

If a minor is transferred, they face adult courtroom procedures and adult penalties, including the possibility of state prison. Preventing transfer to adult court is a primary objective for a highly skilled juvenile defense lawyer in Decatur.