How to Find Information on Speedy Trial Rights for Juvenile Delinquents

In general, the term "juvenile delinquents" is used to refer to people under the age of 18 who commit offenses that would be prosecutable if committed by an adult. Not all juvenile offenses are handled by trial, but many are. Juvenile delinquents are entitled to certain rights designed to facilitate a speedy trial. The exact nature of those rights varies from place to place within the United States.

Difficulty: Challenging

Instructions

Things You'll Need:

• Computer with Internet access

1. Contact a local defense attorney or talk to the public defender assigned to the juvenile's case. Trial rights for juveniles vary from place to place. Talking to an attorney is usually the fastest and most accurate way to obtain information on procedures in your area.

2. Contact your state or county government. Trials are often administered at the county level, so talking to county officials can be a relatively quick way to find out what to expect. State government Web sites may offer information on juvenile justice laws and procedures.

3. Ask the police officer who arrested the juvenile (if applicable), or talk to a local or court-appointed social worker or probation officer. Probation officers are often assigned to juvenile justice cases from the beginning, and they may be able to explain the entire trial process to you.

4. Know what a juvenile's rights are when detention is involved. If a juvenile is detained, the prosecuting attorney is required to file a delinquency petition, typically within a prescribed time frame. In many states, the petition must be filed within seven days of the juvenile's placement in custody, not counting weekends and holidays. If the petition isn't filed within the prescribed time frame, the juvenile may be released.

5. Be aware of how the picture changes if the juvenile is not held in detention. When the juvenile isn't physically detained, more time -- up to 60 days in some states, not counting weekends and holidays -- is allowed between the petition filing and the fact-finding or waiver hearing.

6. Understand what happens next. Subsequent to the filing of the delinquency petition, a fact-finding hearing or a waiver hearing is arranged. Again, this is required by law to take place within a certain time frame. In many states, it must take place within 20 days, not counting weekends or holidays, of the filing of the petition, if the juvenile is being held in detention. If the hearing does not take place during this time frame, the juvenile may be released.

7. Follow up by contacting an advocacy organization like the American Civil Liberties Union if you think a juvenile's trial rights have been violated (see Resources below).

Tips & Warnings

• Be aware of information regarding the rights of juveniles. Everyone taken into police custody must be informed of his or her Fifth Amendment rights. These grant all individuals the right to remain silent and to retain the help of a lawyer. If a detainee isn't made aware of these rights, statements made in custody may not be used in his or her trial.
• Know that if a juvenile in your care is arrested, it could place a dent in your wallet. You may have to pay court fees and fines. You may also have to pay legal fees if you hire a private attorney.

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