Juvenile Delinquency

Juvenile Law Overview:
A child may be arrested by the police and taken to Juvenile Hall. The arresting officer must attempt to notify the child’s parent or guardian. Once at Juvenile Hall, the facility must notify a probation officer and will also try to inform the child’s parent or guardian.

The District Attorney’s office may file a petition against the juvenile alleging that they have committed a delinquent act. Keep in mind that Juveniles do not commit “criminal acts.” They commit “delinquent acts,” as the Juvenile system is not intended to be criminal in nature, despite the charges the juvenile may be charged with.

In Clark County, a hearing must be held in juvenile Court regarding the child’s detention status within 72 hours (excluding weekends and holidays); this is also known as the Detention hearing. At the detention hearing, the juvenile Court may decide to: (i) release the child, (ii) release the child with certain conditions (for example, house arrest or release with a GPS ankle monitor), or (iii) detain the child at the detention facility until his plea hearing. At the Detention hearing, the Court will set a plea hearing, where the juvenile will be hauled back into Court, typically with his attorney, for the child to answer the petition. A child may answer the petition with an admission or a denial. If the child denies the petition’s allegations, an adjudicatory hearing is held. An adjudicatory hearing is similar to a trial, where the defense and prosecution call witnesses and present evidence and arguments. If a child admits the allegations of the petition or the petition is sustained after a trial, the judge will enter dispositional or sentencing orders.

Depending on the delinquent act, some sentencing orders may include but are not limited to:

1. Probation (supervised or unsupervised)
2. Work crew or community services hours Individual or family counseling
3. Letter of apology.
4. Random drug/alcohol testing and search and seizure for drugs/alcohol/weapons
5. Driver’s license suspension
6. No gang activity
7. Participation in classes run by the probation department aimed at developing skills in areas such as victim awareness, family wellness, basic skills, job training, or anger management.
8. Psychological or psychiatric evaluation
9. Mandatory school clause
10. A commitment to the Division of Child and Family Services for a Correctional Placement
11. No contact orders with certain people or places
12. Restitution to victim
13. Participation in mental health or substance abuse treatment services (residential or outpatient)

Juvenile delinquency proceedings can have significant consequences for a child and their family. Attorney Willis J. Bowden III helps clients understand the juvenile court process, evaluate the allegations and available options, and address issues that may affect the child’s future. The firm also assists families in understanding matters related to juvenile records and record sealing when appropriate.