What Happens When a Minor Is Charged in Wisconsin?

Understanding Wisconsin Juvenile Crime Laws

The juvenile justice system in Wisconsin differs significantly from the adult criminal justice system. Its primary focus is on rehabilitation and the best interests of the child, rather than strict punishment. 🛡️ This means the processes, terminology, and potential outcomes are all different. This article provides a guide for family attorneys and parents navigating this complex system.

Key Differences from Adult Criminal Court

• ⚖️ Terminology: Instead of "crime," juveniles are accused of "delinquent acts." Instead of "guilty," a juvenile is "adjudicated delinquent."
• 🧑‍⚖️ Court Proceedings: Juvenile court proceedings are generally closed to the public to protect the child's privacy. This is different from the open court system of adult criminal court.
• 🔒 Sentencing: The focus is on rehabilitation and treatment, not punishment. Sentencing options include probation, community service, restitution, and placement in a juvenile correctional facility.
• 📂 Record Sealing: Juvenile records can often be sealed once the juvenile reaches adulthood, allowing them a fresh start.

Rights of Juveniles in Wisconsin

Juveniles in Wisconsin have specific rights that must be protected throughout the legal process. Understanding these rights is crucial for effective advocacy.

Constitutional Protections

• 🗣️ Right to Remain Silent: Juveniles have the right to remain silent and cannot be compelled to testify against themselves.
• 👨‍💼 Right to Counsel: Juveniles have the right to an attorney, and if they cannot afford one, the court will appoint one.
• 🧑‍⚖️ Right to Confront Witnesses: Juveniles have the right to confront and cross-examine witnesses against them.
• 📜 Right to Due Process: Juveniles are entitled to fair procedures and treatment throughout the juvenile justice system.
• 📢 Right to Notice: Juveniles and their parents have the right to be notified of the charges against them.

Parental Involvement

Parents or guardians play a crucial role in the juvenile justice system. They have the right to be present at court hearings and to participate in the decision-making process.

The Juvenile Justice Process in Wisconsin

The juvenile justice process in Wisconsin typically follows these steps:

1. Arrest or Referral: A juvenile can be arrested by law enforcement or referred to juvenile court by schools, social services, or other agencies.
2. Intake: The intake worker determines whether to file a formal petition alleging delinquency.
3. Petition: If a petition is filed, it outlines the alleged delinquent acts.
4. Initial Hearing: The juvenile is informed of the charges and their rights. A plea is entered.
5. Adjudication Hearing (Trial): If the juvenile denies the charges, an adjudication hearing is held to determine whether the evidence proves the juvenile committed the alleged acts.
6. Disposition Hearing (Sentencing): If the juvenile is adjudicated delinquent, a disposition hearing is held to determine the appropriate consequences.

Possible Consequences and Compensation

The consequences for juvenile offenses in Wisconsin vary depending on the severity of the offense, the juvenile's prior record, and other factors. Possible consequences include:

• 🧑‍⚖️ Probation: Supervised release with conditions, such as curfews, drug testing, and counseling.
• 🤝 Community Service: Performing unpaid work for a community organization.
• restitution.
• 💰 Restitution: Paying compensation to the victim for damages or losses.
• 🏡 Placement Outside the Home: Placement in a foster home, group home, or juvenile correctional facility. The most restrictive option.
• 🏛️ Electronic Monitoring: Supervision through an ankle bracelet.
• 💊 Treatment Programs: Participation in substance abuse treatment, mental health counseling, or other programs.

Placement outside the home should be considered a last resort, and efforts should be made to keep the juvenile in their home whenever possible.

Seeking Compensation for Victims

While the juvenile justice system focuses on rehabilitation, victims of juvenile crime in Wisconsin have the right to seek compensation for their losses. This can be achieved through:

• 💰Restitution Orders: As part of the disposition, the court can order the juvenile to pay restitution to the victim for medical expenses, property damage, and other losses.
• ⚖️Civil Lawsuits: Victims can file a civil lawsuit against the juvenile and their parents (in some cases) to recover damages. Wisconsin law imposes some parental liability for certain acts of their children.
• 🆘Victim Compensation Programs: Wisconsin has victim compensation programs that can provide financial assistance to victims of crime.

Navigating the System: Practical Advice for Attorneys and Families

For Attorneys

• Thorough Investigation: Conduct a thorough investigation of the facts and circumstances surrounding the alleged delinquent acts.
• Client Communication: Maintain open and honest communication with the juvenile and their parents.
• Understanding Trauma: Recognize that many juveniles involved in the system have experienced trauma.
• Negotiation: Explore opportunities for negotiation with the prosecutor to achieve a favorable outcome.
• Advocacy: Advocate zealously for the juvenile's best interests, ensuring their rights are protected.

For Families

• Seek Legal Counsel: Immediately seek legal counsel from an experienced attorney specializing in juvenile law.
• Attend Hearings: Attend all court hearings and actively participate in the process.
• Cooperate with Authorities: Cooperate with law enforcement and court officials, while protecting your child's rights.
• Support Your Child: Provide emotional support and encouragement to your child throughout the process.
• Follow Recommendations: If the court orders probation or other services, follow the recommendations to ensure compliance.

Strategies for Effective Advocacy

Challenging the Evidence

One of the most important aspects of juvenile defense is challenging the evidence presented by the prosecution. This can involve:

• 🔎 Motion to Suppress: Filing a motion to suppress evidence obtained illegally, such as through an unlawful search or seizure.
• 🧑‍⚖️ Challenging Witness Testimony: Cross-examining witnesses to expose inconsistencies or biases in their testimony.
• 🧪 Examining Forensic Evidence: Reviewing forensic evidence to ensure its accuracy and reliability.

Presenting Mitigating Circumstances

It's crucial to present mitigating circumstances that explain the juvenile's behavior and demonstrate their potential for rehabilitation. This can include:

• 🩺 Mental Health Evaluations: Obtaining mental health evaluations to identify any underlying issues that may have contributed to the delinquent acts.
• 🏫 School Records: Presenting school records to demonstrate the juvenile's academic performance and behavior in school.
• 👪 Family History: Sharing information about the juvenile's family history, including any trauma or abuse they may have experienced.
• 🏆 Positive Achievements: Highlighting the juvenile's positive achievements, such as participation in extracurricular activities or volunteer work.

Negotiating Plea Agreements

Plea negotiations can be an effective way to achieve a favorable outcome for the juvenile. This can involve:

• 🤝 Reduced Charges: Negotiating for reduced charges or a lesser offense.
• 🗓️ Alternative Sentencing: Seeking alternative sentencing options, such as diversion programs or community service.
• ⏱️ Deferred Adjudication: Agreeing to a deferred adjudication, where the charges are dismissed if the juvenile successfully completes probation or other conditions.

Sealing Juvenile Records in Wisconsin

One of the most significant benefits of the juvenile justice system is the ability to seal juvenile records, giving the juvenile a fresh start. In Wisconsin, juvenile records can be sealed under certain circumstances. 📁

Eligibility for Record Sealing

Generally, a juvenile can petition the court to seal their records if they meet the following criteria:

• 🔞 Age Requirement: The juvenile must be at least 18 years old.
• ⏱️ Waiting Period: A certain waiting period must have passed since the juvenile completed their sentence or probation.
• ✅ No Subsequent Offenses: The juvenile must not have been convicted of any subsequent offenses.

The Sealing Process

The process for sealing juvenile records typically involves:

1. Filing a Petition: Filing a petition with the court requesting that the records be sealed.
2. Notice to Interested Parties: Providing notice to interested parties, such as the prosecutor's office and law enforcement agencies.
3. Court Hearing: Attending a court hearing where the judge will consider the petition and any objections.

The Effect of Sealing Records

Once juvenile records are sealed, they are no longer accessible to the public. This means that employers, landlords, and other individuals will not be able to access the records. However, sealed records may still be accessible to law enforcement agencies in certain circumstances.

Resources for Juvenile Justice in Wisconsin

There are several resources available to juveniles and their families in Wisconsin:

• 🏛️ Wisconsin State Public Defender: Provides legal representation to indigent juveniles.
• 🤝 Wisconsin Department of Children and Families: Offers various services and programs for juveniles and families.
• 📚 Wisconsin Juvenile Justice Association: An organization dedicated to improving the juvenile justice system in Wisconsin.
• 🚑 Local Mental Health Services: Provides mental health counseling and treatment for juveniles.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.