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JD
JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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when a juvenile is charged as an adult does the PD suppose

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when a juvenile is charged as an adult does the PD suppose to make sure the parent is informed about everything concerning the case and when they present a plea shouldn't the parent be notified before the child, being that the child is illiterate to legal proceedings? Isn't there a stature concerning this issue?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JD replied 4 years ago.
What state are you in?
Customer: replied 4 years ago.
ILLINOIS I am aware that it is not legal advice you are an attorney and I simply asked legitimate questions about something I wanted facts for.
Expert:  JD replied 4 years ago.
Thanks for your state information, give me just a few minutes to research your state's standards for juvenile prosecution. In the meantime it would be helpful if you could tell me the nature of the charges and what investigative steps were taken by the police.
Customer: replied 4 years ago.

First degree murder/aggravated discharge of a firearm. The witnesses were inconsistent, none of them were present, but were paid and had previous charges dropped police wouldn't talk to or take statements from anyone who wouldn't cooperate with them, they admitted into evidence casings they found days after incident the area was a high crime are where shootings were a norm

Expert:  JD replied 4 years ago.

I appreciate your patience with my follow up questions, but these things make a difference in the answer to your questions and I want to provide you the best information possible.

 

How old was the juvenile when the crime occurred? How old was the juvenile when the charges were initiated?

Customer: replied 4 years ago.
15yrs. old
Expert:  JD replied 4 years ago.

When a minor is taken into custody in Illinois the officers must make a "reasonable attempt" to notify the child's parents of the arrest. There is no requirement that the juvenile's parents be present during questioning however any statement made by an accused juvenile under 17 years old is presumed involuntary and inadmissible unless an unaltered recording of the entire interview is available for the court's review.

 

The court uses this recording to ensure the interview is done appropriately and that any statement the child makes is voluntary. Since the juvenile in this case was under arrest for murder, he/she should have been afforded an opportunity to speak to counsel (Miranda rights) prior to questioning unless he/she waived those rights.

 

Here is a link to the statutes you are looking for...

 

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=070504050HArt%2E+V+Pt%2E+4&ActID=1863&ChapAct=705%A0ILCS%A0405%2F&Ch apterID=50&ChapterName=COURTS&SectionID=29315&SeqStart=19700000&SeqEnd=20400000&ActName=Juvenile+Court+Act+of+1987%2E

 

Section 5-401.5(b) contains the provisions about recording an interview.

 

Section 5-405 contains the provision about making a reasonable attempt to notify the parents of the arrest.

 

Please reply if I can help further.

 

________________________

Customer: replied 4 years ago.

I wanted to know if the parent should have been notified about the plea presented and the statute pertaing to it.

Expert:  JD replied 4 years ago.
He was transferred to adult court for prosecution... correct?
Customer: replied 4 years ago.
yes on his 17th birthday
Expert:  JD replied 4 years ago.

In a review of the law applicable to this situation I can find no such requirement.

 

The same rule applies to a criminal defense attorney in both juvenile and adult plea settings. The attorney's client is the juvenile defendant... not the parents. Therefore it must be left to the juvenile defendant to decide how to proceed in their criminal case.

 

The attorney's job is to insure the defendant knows of all their rights, the strength of the state's evidence, and the potential sentence they could face if the matter went to trial. They must insure the defendant knows of all the defenses available to them (factual and legal). Further, they must provide whatever pretrial services the defendant requires to prepare their case for trial. This may include factual investigation, legal research, pretrial motions, discovery requests, witness interviews, or any number of things that may be needed to help a defendant make an informed decision on how to proceed. There are no requirements that I've found that a parent be present or informed of a juvenile's plea offer or acceptance. Furthermore, any efforts the courts have made to get parents involved is limited to juvenile court... not criminal court.

 

However, there is one thing that we should address. A plea of guilty must be knowing and voluntary in order to be valid. If a judge, prosecutor, or defense attorney permits a defendant to enter a guilty plea without assurance that the defendant understands all of the rights I've mentioned and their right to a trial by a jury of their peers, then the plea of guilty could be considered invalid and be set aside. This can be accomplished by filing a petition to set aside a guilty plea as being involuntary (due to mistaken facts, mistaken law, bad advice by counsel, etc).

 

This is something that should be discussed with local counsel. Obviously we are dealing with an extremely serious issue and it is important to get a second and third opinion.

 

Please reply if I can help further.

 

________________________

JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience: Over 11 years of practice in litigation including 10 years as a state prosecutor
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