Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > FOR FAMILY & FRIENDS > Juvenile
Register Entertainment FAQ Calendar Mark Forums Read

Juvenile Discussion of everything related to minors in the criminal justice system: juvenile detention, courts, rights, and family support.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-19-2016, 08:07 AM
Alatriste's Avatar
Alatriste Alatriste is offline
Registered User
 

Join Date: May 2015
Location: Italy
Posts: 77
Thanks: 10
Thanked 53 Times in 29 Posts
Default 12 years old facing criminal charges

Hello,

My friend's 12 years-old son is facing charges for sexual abuse (class 4 felony) against a 5 year-old female child, 2nd degree family related. I want to help her and her kid, I'm reading laws/bills and trying to access to juvenile cases, but I didn't have any luck finding a place online for reading that kind of court cases. Do you know where I can access juvenile court cases in Illinois?

The kid's statement/confession was took in a room without counsel(lawyer) or any family member. Is that legal?

Thanks in advance!
Reply With Quote
Sponsored Links
  #2  
Old 07-19-2016, 08:12 AM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,738
Thanks: 12,223
Thanked 5,960 Times in 3,104 Posts
Default

Its not going to be easy juvenile cases are sealed so you can't compare cases. He need an attorney that works with kids.
Reply With Quote
  #3  
Old 07-19-2016, 08:18 AM
Alatriste's Avatar
Alatriste Alatriste is offline
Registered User
 

Join Date: May 2015
Location: Italy
Posts: 77
Thanks: 10
Thanked 53 Times in 29 Posts
Default

Quote:
Originally Posted by xolady View Post
Its not going to be easy juvenile cases are sealed so you can't compare cases. He need an attorney that works with kids.
Thanks for your response. Didn't know that juvenile cases are sealed. Unfortunately we don't have money, lawyers here are asking 15.000$ to 25.000$ for taking the case.

I'll pray and I'll try to help them.
Reply With Quote
  #4  
Old 07-19-2016, 08:50 AM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,738
Thanks: 12,223
Thanked 5,960 Times in 3,104 Posts
Default

He should be appointed an attorney. My nephew had some run ins while a child and had a court appointed Juvey attorney. I don't remember whether they just assign one or what the parent might have to apply for one. I also believe unless he's charged as an adult the court would be open to the public.
Reply With Quote
The Following User Says Thank You to xolady For This Useful Post:
priceam (07-19-2016)
  #5  
Old 07-19-2016, 08:57 AM
Alatriste's Avatar
Alatriste Alatriste is offline
Registered User
 

Join Date: May 2015
Location: Italy
Posts: 77
Thanks: 10
Thanked 53 Times in 29 Posts
Default

Quote:
Originally Posted by xolady View Post
He should be appointed an attorney. My nephew had some run ins while a child and had a court appointed Juvey attorney. I don't remember whether they just assign one or what the parent might have to apply for one. I also believe unless he's charged as an adult the court would be open to the public.
He has a public defender, but we think he's not doing a good job, so we have to think the best for the kid.

Thanks for your tips, We'll try our best!
Reply With Quote
  #6  
Old 07-19-2016, 09:39 AM
Cdub Cdub is offline
Banned
 

Join Date: Apr 2016
Location: Georgia, United States
Posts: 520
Thanks: 0
Thanked 348 Times in 194 Posts
Default

Quote:
Originally Posted by Alatriste View Post
He has a public defender, but we think he's not doing a good job, so we have to think the best for the kid.

Thanks for your tips, We'll try our best!

Why do you think the PD isn't doing a good job? I mean you didn't even know juvenile court cases are not part of the public record by law in all 50 states, so what basis do you have for judging whether a lawyer is doing a good job?
Reply With Quote
  #7  
Old 07-19-2016, 09:49 AM
Alatriste's Avatar
Alatriste Alatriste is offline
Registered User
 

Join Date: May 2015
Location: Italy
Posts: 77
Thanks: 10
Thanked 53 Times in 29 Posts
Default

Quote:
Originally Posted by Cdub View Post
Why do you think the PD isn't doing a good job? I mean you didn't even know juvenile court cases are not part of the public record by law in all 50 states, so what basis do you have for judging whether a lawyer is doing a good job?
I cannot judge the job of another person in an area that I don't know, so maybe he's doing just a fine work. But, I can judge or have an opinion about his behavior, that could be mirroring his implication on the case and his performance.

He doesn't show any interest in the case, he barely answers your doubts, just want to plea guilty and when we bring the "maybe" illegal questioning of the child because there was not a lawyer/counsel present in the room, it's like he doesn't care. Where are the transcriptions?

And in terms of timing, if he handles tons of cases it's completely normal that he cannot be 100% focus on one at a time.

No offense for public defenders. They can do a superb job, just speaking about the behavior of one in particular.
Reply With Quote
  #8  
Old 07-19-2016, 09:58 AM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,738
Thanks: 12,223
Thanked 5,960 Times in 3,104 Posts
Default

Quote:
Originally Posted by Cdub View Post
Why do you think the PD isn't doing a good job? I mean you didn't even know juvenile court cases are not part of the public record by law in all 50 states, so what basis do you have for judging whether a lawyer is doing a good job?
Most people have no clue how the system works, I can understand not thinking an appointed lawyer isn't doing a good job. Most are very busy but unless your in the biz you think they aren't working, but because its Juvey case, they can't even see anything to compare it to. I can assure you none of these people are in this for the money. Most people choose to work in the public defenders office because they want to help people and especially the Juvey public defenders. I found they were so much more caring then most. I know the one my Nephew had went beyond the requirements to help him. He didn't deserve the help he got didn't appreciate it by any means. I did and so did my family. After all this guy did to keep my nephew out of Jail my nephew went out and commited worse crimes and got pretty light county sentence which he more then deserved that made him change his life.
Reply With Quote
The Following User Says Thank You to xolady For This Useful Post:
KobeDeuce (07-19-2016)
  #9  
Old 07-19-2016, 09:59 AM
priceam priceam is offline
Registered User
 

Join Date: Aug 2015
Location: USA
Posts: 454
Thanks: 600
Thanked 321 Times in 196 Posts
Default

Is your friend in Italy or in the States? That will make a huge difference in how your question is answered.
Reply With Quote
  #10  
Old 07-19-2016, 10:09 AM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,738
Thanks: 12,223
Thanked 5,960 Times in 3,104 Posts
Default

Quote:
Originally Posted by Alatriste View Post
I cannot judge the job of another person in an area that I don't know, so maybe he's doing just a fine work. But, I can judge or have an opinion about his behavior, that could be mirroring his implication on the case and his performance.

He doesn't show any interest in the case, he barely answers your doubts, just want to plea guilty and when we bring the "maybe" illegal questioning of the child because there was not a lawyer/counsel present in the room, it's like he doesn't care. Where are the transcriptions?

And in terms of timing, if he handles tons of cases it's completely normal that he cannot be 100% focus on one at a time.

No offense for public defenders. They can do a superb job, just speaking about the behavior of one in particular.
Well if your friend is not happy she is going to have to voice this to the public defenders superior and ask that another be assigned. But you have no say in any of this and its also a sex offense which makes it even harder for most of the people to get that the victim has rights that have to be protected also. Not saying your points aren't valid ones but you are getting all your info second or third hand.
Reply With Quote
  #11  
Old 07-19-2016, 10:27 AM
Alatriste's Avatar
Alatriste Alatriste is offline
Registered User
 

Join Date: May 2015
Location: Italy
Posts: 77
Thanks: 10
Thanked 53 Times in 29 Posts
Default

Quote:
Originally Posted by priceam View Post
Is your friend in Italy or in the States? That will make a huge difference in how your question is answered.
Illinois, USA
Reply With Quote
  #12  
Old 07-19-2016, 10:34 AM
priceam priceam is offline
Registered User
 

Join Date: Aug 2015
Location: USA
Posts: 454
Thanks: 600
Thanked 321 Times in 196 Posts
Default

Sorry I missed that above. If you are getting all of the information second hand you could be not getting the entire story. I am sorry this child is going through this and that they get a proper defense.
Reply With Quote
  #13  
Old 07-19-2016, 10:36 AM
Alatriste's Avatar
Alatriste Alatriste is offline
Registered User
 

Join Date: May 2015
Location: Italy
Posts: 77
Thanks: 10
Thanked 53 Times in 29 Posts
Default

Quote:
Originally Posted by xolady View Post
Well if your friend is not happy she is going to have to voice this to the public defenders superior and ask that another be assigned. But you have no say in any of this and its also a sex offense which makes it even harder for most of the people to get that the victim has rights that have to be protected also. Not saying your points aren't valid ones but you are getting all your info second or third hand.
I'm only giving my opinion, yeah, maybe I'm completey wrong with second hand info, maybe it's completely different. If you don't like your appointed lawyer you can ask for a replacement? So I guess she'll do that.

Why my points aren't valid ones?

I believe in the words of my friend and I'll try to help her.
Reply With Quote
  #14  
Old 07-19-2016, 10:38 AM
Alatriste's Avatar
Alatriste Alatriste is offline
Registered User
 

Join Date: May 2015
Location: Italy
Posts: 77
Thanks: 10
Thanked 53 Times in 29 Posts
Default

Quote:
Originally Posted by priceam View Post
Sorry I missed that above. If you are getting all of the information second hand you could be not getting the entire story. I am sorry this child is going through this and that they get a proper defense.
Yeah, absolutely, maybe there's something I'm missing.

But I believe in my friend and I want to help. There's a way to access to juvenile court cases?
Reply With Quote
  #15  
Old 07-19-2016, 10:45 AM
priceam priceam is offline
Registered User
 

Join Date: Aug 2015
Location: USA
Posts: 454
Thanks: 600
Thanked 321 Times in 196 Posts
Default

Is this your MWI that you are engaged to? If she is in prison and giving you the information it could be third or fourth hand information.
Reply With Quote
  #16  
Old 07-19-2016, 10:57 AM
Cdub Cdub is offline
Banned
 

Join Date: Apr 2016
Location: Georgia, United States
Posts: 520
Thanks: 0
Thanked 348 Times in 194 Posts
Default

Quote:
Originally Posted by Alatriste View Post
I cannot judge the job of another person in an area that I don't know, so maybe he's doing just a fine work. But, I can judge or have an opinion about his behavior, that could be mirroring his implication on the case and his performance.

He doesn't show any interest in the case, he barely answers your doubts, just want to plea guilty and when we bring the "maybe" illegal questioning of the child because there was not a lawyer/counsel present in the room, it's like he doesn't care. Where are the transcriptions?

And in terms of timing, if he handles tons of cases it's completely normal that he cannot be 100% focus on one at a time.

No offense for public defenders. They can do a superb job, just speaking about the behavior of one in particular.

But you did judge his work when you said you didn't think he was doing a good job. And of course you may form and voice an opinion. But when it becomes clear that you are forming an opinion without knowledge of the facts, then you also can expect for your credibility to be called into question.

I don't know whose questions he is not answering, but he is only answerable to his client. Since this is in juvenile court, he faces even more sanctions if he answers to the wrong person.

If you want what is best for the child, as you insist, then stop interfering with the work his lawyer is doing. This lawyer is specially trained in working with the laws of his state in getting the best outcome for his client. Also, the lawyer is not trying to score points with the child's mother.
Reply With Quote
  #17  
Old 07-19-2016, 12:09 PM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,738
Thanks: 12,223
Thanked 5,960 Times in 3,104 Posts
Default

Quote:
Originally Posted by Alatriste View Post
I'm only giving my opinion, yeah, maybe I'm completey wrong with second hand info, maybe it's completely different. If you don't like your appointed lawyer you can ask for a replacement? So I guess she'll do that.

Why my points aren't valid ones?

I believe in the words of my friend and I'll try to help her.
You are not the client and either is your friend they don't have to answer to either of you. I understand the side of the coin and believe me it would be in this childs best interest for you to let the mother and father deal with this. Are you even here where this happened?
Reply With Quote
  #18  
Old 07-19-2016, 12:15 PM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,738
Thanks: 12,223
Thanked 5,960 Times in 3,104 Posts
Default

Quote:
Originally Posted by Alatriste View Post
I'm only giving my opinion, yeah, maybe I'm completey wrong with second hand info, maybe it's completely different. If you don't like your appointed lawyer you can ask for a replacement? So I guess she'll do that.

Why my points aren't valid ones? Yes they might be if you were the client!!

I believe in the words of my friend and I'll try to help her.
Your friend has no clue what went on either and she has no rights when it comes to this its up to a client. You can twist my words to suit yourself but you aren't going to get different answers. Oh yeah where was his Mother when they questioned him???? That makes a huge difference on whether this kids "rights" were violated.

Last edited by xolady; 07-19-2016 at 12:17 PM..
Reply With Quote
  #19  
Old 07-19-2016, 02:44 PM
Alatriste's Avatar
Alatriste Alatriste is offline
Registered User
 

Join Date: May 2015
Location: Italy
Posts: 77
Thanks: 10
Thanked 53 Times in 29 Posts
Default

I think everybody that has write in this thread has some good points. The best option for me is not to interfere, maybe I think I can help but maybe I'll mess up everything. There are so many blind spots and it's not my business (in the good way I say this). I'm sorry if somebody was upset by my comments, I'm worried and overwhelmed.

So the most intelligent thing is give moral support and let the people who know what happened and the lawyer work in peace.

I really appreciate your comments, thank you all.
Reply With Quote
The Following 3 Users Say Thank You to Alatriste For This Useful Post:
KobeDeuce (07-19-2016), Ms Sunny (08-01-2016), xolady (07-19-2016)
  #20  
Old 07-19-2016, 02:50 PM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,738
Thanks: 12,223
Thanked 5,960 Times in 3,104 Posts
Smile

Quote:
Originally Posted by Alatriste View Post
I think everybody that has write in this thread has some good points. The best option for me is not to interfere, maybe I think I can help but maybe I'll mess up everything. There are so many blind spots and it's not my business (in the good way I say this). I'm sorry if somebody was upset by my comments, I'm worried and overwhelmed.

So the most intelligent thing is give moral support and let the people who know what happened and the lawyer work in peace.

I really appreciate your comments, thank you all.
Yes this is the best way. You are not a lawyer are you? And you are in Italy your friends in the U.S.? Morale support is what she really needs right now. Its the best way you can help her.
Reply With Quote
  #21  
Old 07-19-2016, 03:35 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 11,861
Thanks: 4,250
Thanked 21,473 Times in 7,511 Posts
Default

What county in IL? Cook County PDs are very good and unionized so their caseloads are not a bear. Sex offenses are very specialized and not given to attorneys who can't handle them or have a bias against sex offenses. Juvenile court is very different from Adult Court - he won't be found guilty, he'll be found delinquent, and he can be found delinquent for any number of reasons including the parents not being able to control him (incorrigible) or not wanting to deal with him. Further, you say this crime happened in the home - if the boy poses a serious danger to other kids, he cannot be returned to the home without DCFS being all up in their shit and removing all other kids.

Basically you have 3 problems:

1. delinquency
2. sex offense
3. designation as a sex offender

Worst case scenario, he's off to St. Charles for treatment. Depending on how amenable he is to treatment, he can be there until he's 21. If he stays unable to deal with treatment/unsuccessful with treatment, he can face a sexually violent person hearing at the end of his juvenile stay. If he's an SVP, he's sent to a treatment and detention facility until he's "cured", which can be the rest of his life. There are currently 6(?) people in the TDF who were found delinquent originally.

But, let's not get ahead of ourselves, shall we? The emphasis of the juvenile court, even in issues of sex offenses, is treatment and rehabilitation of the family. This is the goal of juvenile justice and has been the goal since the 1890's when Cook County became the first system to say, "kids are different", emphasize rehabilitation and second chances. This is not adult court. He will not be a felon the rest of his life and he will not be found guilty. The appropriate finding, assuming he did the deed, is delinquent.

Most cases I've run into like this have used local resources if at all possible to manage and treat the child first. There are exceptions, but this is the general rule - make the family safe and treat the juvenile. If the juvenile demonstrates he's not amenable to treatment, the treatment venue becomes more rigorous. If the psychiatrists and psychologists who evaluate the juvenile believe that the least restrictive environment is outside of the home, that's generally what happens.

Issues of evidence are not relevant at this point as there's probably still clear and convincing evidence that the child did the deed, including the testimony of the victim and hard evidence including the physical evaluation of the child. The juvenile will be subject to psych evals - it's pro forma, especially for somebody that young.

Remember, the parent is not the client, and there's no such thing as child/parent confidentiality. The kid can't talk. The lawyer has no obligation to the parents. There's a lot of shit going on that the public is not aware of because this is a juvenile matter, and should remain cloistered to protect the juvenile so that the juvenile can be rehabilitated and move on with his life.
Reply With Quote
The Following 5 Users Say Thank You to yourself For This Useful Post:
chris idoc (07-20-2016), fbopnomore (07-19-2016), NewTexGal (07-19-2016), Rosomane (07-28-2016), sidewalker (07-21-2016)
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Facing charges, not sure what to expect nyn7nyn Headed to Prison 8 05-16-2016 09:01 PM
Help...BF facing gun charges...but there was no gun DollFace13 Prison & Criminal Legal Help! 14 09-22-2010 07:47 PM
Am I facing charges? Mz Jin Prison & Criminal Legal Help! 25 12-20-2009 06:45 PM
Help!!! my man is facing new charges jennalovesmark Prison & Criminal Legal Help! 0 02-27-2007 02:06 PM
Eleven magistrates facing criminal charges Keltria Africa and Middle East Prison & Criminal Justice Topics 0 11-08-2005 12:54 PM


All times are GMT -6. The time now is 01:04 PM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics