Even though the juvenile justice system works differently from the adult system, the legal consequences are equally serious. If found delinquent, your child may face studies, jobs, and residence restrictions. Depending on the crime, the court could order detention, probation, or rehabilitation. In serious cases, prosecutors could attempt to charge your child as an adult, leading to harsher penalties and a criminal record. Adults are found guilty and sentenced, while juveniles are found delinquent and given dispositions that focus on rehabilitation.

We at Virginia Criminal Attorney can represent your minor through the juvenile justice system in Fairfax or across Northern Virginia, so do not hesitate to contact us for legal help.

Understanding the Juvenile Justice System, Title 16.1

Virginia's juvenile justice system differs from the adult criminal system in prioritizing rehabilitation over punishment. When a minor commits an offense, authorities take the minor into custody rather than making a formal arrest. Prosecutors file a petition that describes the allegations instead of charges like an adult. The law recognizes that young offenders need intervention and guidance and should not be subjected to punitive consequences. The purpose is to help the juvenile grow into a responsible citizen because minors are more likely to reform than adults.

The law makes a distinction between the adult and juvenile justice systems.

When police apprehend adults, they arrest, charge, and put them on trial. If found guilty, they are convicted, which comes with penalties including jail time, a fine, or community service.

Juvenile detention facilities differ from jails. Adult facilities confine minors as punishment, while juvenile detention centers confine them while offering education, behavior therapy, and structured programs. The centers focus on reintegrating minors into society and providing services that address the actions responsible for their delinquent behavior. Upon release, juveniles are placed in aftercare and not on parole. This phase focuses on ongoing monitoring, help, and essential resources required to reintegrate minors into the community successfully.

Virginia's juvenile system also classifies certain youths under legal designations. Children under the "Child in Need of Supervision" (CHINSup) classification are habitually truant or run away from home. They engage in acts that are not crimes adults would be charged with, yet they indicate underlying issues that need intervention. The states treat these as status offenses, which means minors need rehabilitation or help, not custody. The "Child in Need of Services" (CHINS) classification covers children who are neglected, abused, or dependent. The courts use this designation when a minor needs specific social, medical, educational, and psychological services.

The Role of the Juvenile and Domestic Relations District Court in Virginia, Under § 16.1-269.1 to § 16.1-278.8

The Juvenile and Domestic Relations District Court (J&DR Court) in Virginia is a special court section that deals with matters involving juveniles, families, and domestic issues. Its primary focus is rehabilitation, child welfare, and community safety. Some of its key responsibilities include:

  • Addressing juvenile delinquency — The court is responsible for dealing with juveniles accused of committing offenses. Rehabilitation of the child is the priority. The courts issue dispositions, which are orders like probation, counseling, or community service.
  • Child in Need of Services (CHINS) and Child in Need of Supervision (CHINSup) — Courts get involved when children are neglected or abused or their behavior is beyond parental control. Judges require services to maintain the child in their home.
  • Handling marital relations and family law issues— The courts handle divorce and family law matters involving custody, support, visitation, and parentage disputes. In domestic violence cases, they issue orders to protect the family through necessary safeguards.
  • Child welfare — The courts manage placements for neglected, abandoned, and delinquent children. This includes managing the child’s care in foster care arrangements, entrustment arrangements, adoption proceedings, and court-ordered termination of parental rights.
  • Addressing domestic violence and abuse — The court deals with cases of neglect or abuse of children by adults. The court put important safety measures in place to protect families.
  • Dealing with juvenile traffic violations — These are legal issues children get into, such as overspeeding and drunk driving. The courts determine the appropriate rehabilitation measures.
  • Rehabilitation services — The court orders rehabilitation services for offenders. These services aim to eliminate the problems that cause a child's misbehavior while minimizing the chance of reoffending.
  • Consent for medical treatment — The court has the power to authorize the medical treatment of a minor if the parents are not available to consent.
  • Preliminary hearings for serious juvenile offenses — These hearings are held for juveniles charged with serious crimes to determine whether they should be tried as adults. A judge ultimately decides whether to transfer the case.
  • Championing mental health — The courts determine if the child should undergo psychological evaluation and treatment plan for rehabilitation.

The Juvenile Court Process, § 16.1-228 to § 16.1-296 

If your child is facing criminal or juvenile court proceedings, it is important that you quickly understand the juvenile court process. The juvenile case typically goes through the following process:

  1. Entry into the System, § 16.1-260

A minor can enter Virginia’s juvenile justice system through:

  • A petition
  • An arrest
  • A written summons

The request for intervention made to the juvenile court is known as a petition, and the parties that can file it are limited to court service units or other authorized parties. The petition is filed when there is an allegation that a juvenile has violated the Virginia Code or requires court intervention due to behavioral concerns. This process starts legal proceedings without placing the juvenile into custody right away. 

On the other hand, an arrest occurs when law enforcement believes a juvenile has committed a crime, usually a more serious offense that needs custody and court review. 

The authorities could issue a written summons for less serious crimes, requiring the juvenile to appear in court but not be detained. This would allow them to remain under their parents' supervision until the scheduled hearing. 

  1. Detention Hearing, § 16.1-263

Virginia law requires the juvenile court to commence a detention hearing within 72 hours, excluding weekends and holidays, of a juvenile being taken into custody and detained. This hearing is significant because it determines whether or not the juvenile will be kept in detention while waiting for further action in their case. During this hearing, the court evaluates several issues, including:

  • Whether the juvenile poses a threat to himself or another person
  • Whether they are likely to run away from the next court appearance
  • Whether it is necessary to protect the juvenile from harm

The court also weighs options like a release to parental custody, electronic monitoring, or placement to a shelter. 

The process involves a magistrate or a judge, along with the juvenile, the juvenile's parents or guardian, and often the juvenile's attorney. The prosecution could argue against releasing the juvenile and instead advocate for their detention based on safety or flight risk concerns. On the other hand, the defense will advocate for release, possibly presenting evidence or plans for supervision. The judge could order continued detention if the risk is high. If the risk is manageable outside custody, they could order release with conditions.

If the juvenile is detained, he/she could spend time in custody until the next court date, which could be an adjudicatory hearing or a review where the situation may be reassessed. After the first hearing, the time frame of detention is open-ended but generally can be temporary and could continue until the next hearing, which can be in days or weeks, depending on the court and case type.

The appointment of a counsel hearing could occur if the juvenile does not already have counsel. According to Virginia Code § 16.1-266, juveniles are to have legal representation at every stage of the judicial proceedings in any case where they could be detained. 

  1. Intake, § 16.1-260

The intake stage is important in deciding how the matter should proceed. The court service unit (CSU) evaluates the case's particulars, the juvenile, his/her family, and any prior involvement with the system. This assessment helps decide whether the matter should go to court or if other means can successfully deal with the issue.

The intake officer could suggest diversion when the charge is minor or there are mitigating factors meant to avoid juvenile prosecution. Diversion programs seek to redirect behavior with rehabilitative methods like counseling, mentoring, workshops, and community service. Some programs will focus on substance abuse treatment, anger management, or life skills training to address causes of delinquency. Being involved in these programs often requires the child to follow the rules, like attending regular meetings or completing assigned tasks. Finishing the program successfully can lead to a case dismissal, which means he/she will not have any formal record. This allows the child to move forward without legal consequences.

The intake officer will recommend formal adjudication if the crime is more serious or if the diversion is deemed unsuitable. Unless a petition has previously been filed, a petition will be filed. When the case enters the formal system, the process becomes decidedly legal, focusing on the rights of the juvenile. Rehabilitation remains the focus throughout this process.  

  1. Adjudicatory Hearing

The adjudicatory hearing is a juvenile's version of a trial, determining whether the allegations are true. Notably, the focus is rehabilitation, not punishment. This hearing happens in a less formal setting that is easier for the juvenile to understand and access. Although the three types of hearings are primarily different in purpose, all three aim to assess the issue and plan for the juvenile. 

Delinquency Adjudicatory Hearing, § 16.1-269

Juveniles charged with committing a crime or offense would face a delinquency adjudicatory hearing. An act considered in this hearing is a behavior that would be classified as a crime if committed by an adult. In juvenile trials, evidence is evaluated according to the preponderance of the evidence standard, which is lower than the beyond-a-reasonable-doubt standard used in adult courts. If the juvenile is found to be delinquent, the case is taken to a dispositional hearing in which the court decides what rehabilitative measures are necessary.

Child in Need of Services (CHINS), § 16.1-278.5 

The CHINS adjudicatory hearing is held for juveniles who need court intervention due to being abused, neglected, or dependent. The court looks at whether the child needs medical, psychological, or social services to meet their needs. 

If the matter is adjudicated as CHINS, the court will implement a plan for those services and supervision.

Child in Need of Supervision (CHINSup), § 16.1-278.6

The CHINSup adjudicatory hearing occurs when a child is beyond parental control because they keep running away or are habitually truant, for example. The court decides if the juvenile needs supervision to fix or change their behavior. The court may order supervision plans or placement in a correctional program.

There is no time frame from filing the petition to the adjudicatory hearing, but the system is generally efficient. If the minor does not remain in custody, the adjudicatory hearing will happen within 120 days of the intake hearing. If the juvenile is retained, the hearing should occur within 21 days. 

Based on the abovementioned factors, the process may take a few weeks to a few months. Some of these factors include: 

  • The complexity of a case
  • The timing of the court
  • Pre-hearing motions or evaluations

The hearing generally lasts several hours or an entire day, depending on the evidence, witnesses, and legal arguments.

Continuances or delays could occur due to many issues, including gathering new evidence, securing witnesses, or adjusting legal representation. Nonetheless, these hearings focus primarily on ensuring that the juvenile's rights are protected and that the focus is on the juvenile's behavior or rehabilitation needs. 

  1. Dispositional Hearing, § 16.1-278.8

The next stage after the adjudicatory hearing is the dispositional hearing. During this hearing, the court decides the appropriate consequences or interventions for the juvenile who was found to be delinquent. The dispositional hearing is like sentencing in adult court but is about rehabilitation, not punishment. 

Virginia Code § 16.1-278.8 directs a judge's various sentencing options in a delinquency case. These can include.

Placing the juvenile on probation

Ordering community service or participation in restorative justice

  • Suspending the juvenile's driver's license
  • Mandating rehabilitation or treatment services
  • Imposing a fine of up to $500 on the child
  • Ordering restitution to be paid to the victim
  • The child and their parents or guardians to attend classes or counseling
  • Having the juvenile placed with a responsible adult or the social services department
  • Sentencing the juvenile to detention for up to six months
  • Putting the child in a correctional place under Virginia's juvenile justice department

The judge's goal is to choose a disposition that addresses the underlying issues causing the juvenile's delinquent behavior and supports rehabilitation to help that juvenile reintegrate into society. 

According to Virginia Code § 16.1-285.1, since rehabilitation is the goal and the juvenile can be rehabilitated, the judge can also consider other factors, such as the juvenile's age, history, family situation, and previous offenses, before making the final determination. At this hearing, the judge selects the best remedy for the juvenile, including rehabilitative measures to ensure the juvenile does not re-offend.

  1. Appeal, , § 16.1-296

If you disagree with the court's decision, you can appeal through your child's attorney within 10 days of the dispositional hearing. The case will be sent to a Virginia Circuit Court if the appeal is successful. The Circuit Court will look at the case again, and based on what they find in the appeal, the judge can modify or uphold the original decision based on the appeal's findings.

Outcomes for the Misdemeanor Convictions, § 16.1-278.8

Juvenile convictions are regulated so that the outcomes keep the juvenile justice system rehabilitative and allow for privacy. Juveniles convicted of a misdemeanor receive privacy protections. According to Virginia Code § 16.1-305, the public cannot access court records related to these cases. Only limited people can access these records. These include:

  • Treatment providers
  • Probation officers
  • the Virginia Department of Motor Vehicles (DMV)
  • The juvenile's attorney

The objective is to keep the minor's personal history secret so that it does not affect the minor.

However, under Virginia Code § 16.1-299, the Central Criminal Record Exchange could retain identifiers like photographs, fingerprints, and DMA samples. If the juvenile commits additional crimes, this information is stored in a restricted database accessible only to law enforcement agencies, probation officers, and prosecutors. This helps ensure that juveniles are not subject to the stigma of being labeled criminals. 

Moreover, the law insists that police departments maintain the security of juvenile records, as per Virginia Code § 16.1-301. According to the law, these records should be confidential and not disclosed to unauthorized persons. Public access to these records is restricted unless the juvenile has been convicted of a felony. Accordingly, the intent is to ensure that a juvenile's offense will not lead to stigmatization or discrimination as they grow up.

Outcomes For Felony Convictions, § 16.1-272 to § 16.1-278.9

Under Virginia law, the process for juvenile felony convictions is different for children 14 years of age. The law has specific provisions to ensure privacy. 

Virginia Code § 16.1-305 focuses on the confidentiality of juvenile court records, especially for felony convictions. Although it gives privacy for misdemeanants, it has more stringent conditions for disclosing information for juveniles found culpable in felony cases. The law takes an even more cautious approach regarding those under 14, emphasizing rehabilitation and the child's welfare. This ensures that their records are protected to avoid future harm with a mechanism that gives them a fair chance for reintegration into society without the lasting consequences of criminal involvement.

Virginia Code § 16.1-299 states that police can only retain a juvenile's fingerprints and photographs for law enforcement purposes. However, there are restrictions. Only law enforcement and authorized legal officials, such as probation officers and prosecutors, can access this information, especially if the juvenile reoffends. This provision ensures that the data is secure and not released to unauthorized persons.

Virginia Code § 16.1-308 further supports rehabilitation by prohibiting discrimination against juveniles based on their wrongdoing and providing for sealing or expunging records. This provision offers young offenders a chance to rehabilitate, especially with young children. They still could have a chance to reintegrate. This ensures that even those who committed felonies are not unduly limited in their future success because of their past mistakes, with a view toward rehabilitation.

Expunging or Sealing Juvenile Records, § 16.1-306 

According to Virginia Code § 16.1-306, the records of juveniles found guilty of misdemeanor offenses may be destroyed at age 19 or five years after the case hearing, whichever is later. This allows for the removal of the juvenile’s records after this time, thereby giving the child a fresh start. However, this provision applies specifically to misdemeanor cases, and the law does not grant the same right of automatic expungement for felony adjudications.

Virginia law treats felony adjudications differently. Records related to felony cases can be sealed or eventually expunged under certain circumstances, but they are not automatically destroyed like misdemeanor records. People go through a long process to have their felony records expunged. The juvenile has to show rehabilitation and meet other requirements established by the court, meaning the opportunity for expungement is not as easily accessible as for misdemeanors.

Find a Juvenile Defense Attorney Near Me

The juvenile criminal justice system aims to rehabilitate young people who commit crimes and give them a second chance. From intake through adjudicatory hearings and disposition, every stage aims to ensure accountability while promoting reform opportunities. Juveniles benefit from privacy protections and the possibility of expungement. This gives them hope for the future. 

An experienced attorney is necessary for juvenile proceedings. At Virginia Criminal Attorney, we will protect your child's rights, advocate for their potential, and work toward their rehabilitation. Contact us at 703-718-5533 if you are in Fairfax or Northern VA.