When a juvenile is arrested in Virginia, the criminal justice system is different than it would be for an adult. The possible penalties and long-term consequences can hinge on the severity of the allegations. But in general, the juvenile gets a reasonable chance at rehabilitation and the opportunity to move forward as an adult without the onus of a criminal conviction following them around.
Still, it is imperative for juveniles and their parents to understand how the law addresses this issue. Regardless of the accusations and why the juvenile was arrested, there are options available. Those who are thinking about the penalties and future ramifications must be cognizant of what the law says for juveniles. In addition, having a comprehensive defense is essential whether it is a relatively minor crime or something more serious.
Juvenile records are generally destroyed at age 19, but not in every case
When the juvenile has been convicted, their records are generally destroyed when they turn 19 and there has been a five-year separation between when they had the previous hearing regarding the crime.
According to state law, this is true for misdemeanors. If they were caught and convicted for minor theft, then it is unlikely to be a problem if they stay out of trouble. If it is a crime that would be a felony had an adult committed it, then it can stay on their record.
Another challenge juveniles might face if they are convicted is if the offense required an abstract to the Virginia Department of Motor Vehicles. Then they will need to wait until they are 29 for the records to be destroyed.
Juveniles should also understand ancillary offenses. This is a behavior that accompanied the act of delinquency. Theft would be a crime. If a person left their cellphone unattended and another person took it, this would be justification to arrest the alleged thief. If, however, they used a weapon to scare the victim – such as a small knife – and that was a major part of the incident, that would be an ancillary offense as a Class 1 misdemeanor.
Fortunately, most crimes can be expunged when the juvenile reaches age 19. It will be as if it never happened. This can be essential when they try to move forward in life.
Juveniles must be protected when facing criminal charges
Immediately after the arrest, juveniles need to have professional guidance. That should include aggressiveness in challenging the tenets of the case; compassion in helping the defendant; and a history of getting good results. All are fundamental aspects of a quality criminal defense.
Since a person’s future can be severely compromised by a criminal conviction and the possibility that it will repeatedly be brought up when they look for jobs, try to get into schools and advance in other ways, it is vital to understand how to combat that possibility. An acquittal is obviously the preferred option, but plea bargains and a reduction of the charges can also be beneficial.
From the outset, having advice and representation is key and can make a major difference in reaching a positive outcome with avoiding ramifications that damage the juvenile’s life in the long-term.