Effective January 1, 2017, there will be several new laws that address the juvenile justice system in the state of Illinois. The aim of these new laws is to help protect the rights of juveniles who are charged with criminal offenses.
Miranda Warnings and the Right to an Attorney
Research has revealed that most children do not understand Miranda warnings when they are about to be interrogated by law enforcement. Studies have also found that children can be easily directed into making a false confession. Juv-Counsel Representation, SB2370, concerns juveniles who are charged with either homicide or sexual offenses. It requires that every juvenile who is under the age of 15 years of age when the alleged offense took place have an attorney present during any custodial interrogations. The new law also requires that all interrogations for any minor under the age of 18 who is charged with a felony (and some misdemeanors) be videotaped.
Having a juvenile criminal record can wreak havoc on a minor’s ability to get a job or apply for school. Effective the first of the year, a person can file for expungement for offenses which happened before they turned 18-years-old under the following conditions:
- There was no petition for delinquency filed;
- The charge was dismissed without a delinquency finding;
- The minor was found not delinquent;
- The sentence received was juvenile court supervision; or
- The charge was adjudicated to an adult Class B or C misdemeanor or petty offense.
Minors who are convicted of a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act will no longer be incarcerated, but instead be placed on probation. The language of the law has also been changed to reflect the assumption that probation should be terminated after a successful minimum period has been completed by the minor. There have also been provisions written in the law for those juveniles who are repeat offenders.
Getting the Representation You Need
If your minor son or daughter has been charged with a criminal offense, it is important to consult with a skilled Wheaton criminal offense attorney. Call the Law Offices of Salvatore C. Miglore & Associates at 630-933-8400 today for a free consultation. We serve teens and their parents in Cook, DeKalb, Kane, McHenry, Lake, Kendall, Will, and DuPage Counties.