Waukegan, IL Juvenile Defense Lawyer

Reliable Juvenile Defense Attorney Advocating for Clients in Waukegan, Illinois

When a minor is accused of a criminal offense, special procedures have to be followed in court, taking into account the alleged offender's age. Juvenile proceedings usually have a focus on rehabilitation over punishment, but in some especially severe cases, minors can be charged as adults. If your child has been accused of a criminal violation, reach out to a Waukegan juvenile defense lawyer for legal assistance.

At Law Office of Theodore S. Potkonjak, we can walk parents and children through juvenile defense cases, clearly explaining the possible consequences while providing sound legal advice. You can trust our firm to fight for your child's best interests, keeping their future in mind as we mount an aggressive defense.

What Happens After a Juvenile Is Arrested?

When a young person is taken into custody in Waukegan, the process typically begins with an intake, where law enforcement will decide whether or not to charge them with a crime. Law enforcement officers may issue a station adjustment for minor infractions, allowing the youth to avoid formal court involvement through an informal agreement that often includes community service, counseling, or restitution. Minors can only receive a certain number of station adjustments from law enforcement, with further violations being automatically referred to court.

If the matter proceeds formally, the juvenile is brought before a judge for a detention hearing within 40 hours of the arrest, excluding weekends and holidays. At this hearing, the court determines whether the minor should remain in secure detention or be released to a parent or guardian under supervision.

During the pretrial phase, the child's attorney can advocate for alternatives to detention such as electronic monitoring, supervision by the Lake County Juvenile Probation Department, or placement in a temporary shelter home while the case moves toward adjudication.

Sentencing in Juvenile Court

Juvenile disposition, the equivalent of sentencing in adult court, occurs after a finding of delinquency. The judge considers factors such as the minor's age, prior record, the seriousness of the offense, and recommendations from probation officers. In a juvenile trial, the burden is on the prosecution to prove guilt beyond a reasonable doubt.

Possible outcomes include probation with conditions tailored to rehabilitation goals, community service coupled with educational programming, restitution payments to victims, or placement in a residential treatment facility to address underlying needs like substance abuse or mental health challenges.

In more serious cases, the court may order commitment to the Illinois Department of Juvenile Justice, though this remains a last resort. Whatever the disposition, the focus in juvenile court is on balancing public safety with rehabilitative services aimed at reducing recidivism and helping the youth develop positive life skills.

When Can a Minor Be Charged as an Adult in Illinois?

Illinois law provides mechanisms for transferring certain juvenile cases to adult court. Minors as young as 13 can be charged in adult court if the prosecution can prove it is in the best interests of the public. At age 16 or 17, some crimes committed by juveniles will be automatically prosecuted in adult courts, especially violent crimes.

For other offenses, a juvenile court judge may exercise discretionary transfer authority, weighing factors like the minor's maturity, prior history, and the amenability of the juvenile to rehabilitation within the juvenile justice system. Young people aged 16 or 17 adjudicated for non-violent but serious felonies can also be tried as adults if the court finds that public safety or the minor's rehabilitative needs warrant that step. Once transferred, the youth loses eligibility for many juvenile-focused programs and faces sentencing guidelines under Illinois's adult penal code.

Meet With a Waukegan, IL Juvenile Defense Attorney

For a parent, few things may be more distressing than finding out your child has had an encounter with law enforcement. At Law Office of Theodore S. Potkonjak, we can help you take urgent action to safeguard your child's rights. To schedule a free consultation, call us at 847-263-1200 or contact our Waukegan juvenile defense lawyer. Beyond Waukegan, we represent clients in Lake County, McHenry County, Cook County, and DuPage County. We also have an office in Antioch for residents of western Lake County.