It’s the news no parent wants to hear: Your child has just been arrested by the police. You may feel scared, confused, or overwhelmed. You may not know where your child is or why he or she was arrested. You may wonder what will happen next or what the role of police, prosecutors, and judges is in the process.
As part of our reporting on the city of Chicago’s failure to implement a functional program to divert youth from the criminal system, we spoke with legal experts to understand what happens after a youth is arrested in Cook County.
This is what we learned.
Disclaimer: We are not attorneys and this information is not intended to be a substitute for legal advice. You should always consult an attorney if you have legal questions.
Children have the right to a lawyer after arrest
Credit: Illustration by Verónica Martinez
When a child is arrested, police officers take him or her to a police station to be fingerprinted, photographed, processed and interviewed. In Illinois, unlike in other states, there is no minimum age for arrest. But children under 12 cannot be held in a municipal jail for more than six hours.
As with adults, police must inform children of their rights, including the right to remain silent and to an attorney. Cook County police departments must post the Cook County Public Defender’s Office hotline — (844) 817-4448 — in each police station, which parents can also call before speaking to police. The public defender’s office will immediately send an attorney to the station to represent any child free of charge.
State law requires officers to “promptly make a reasonable attempt” to contact a child’s parent or guardian. But police can question a child without an adult present. Officers must ask a child if he or she wants an attorney, but the child can waive that right unless he or she is under 15 and is charged with homicide or sexual assault. (State lawmakers introduced a bill earlier this year to require an attorney be present during all interrogations of minors, but the bill failed.)
Formal Season Setting vs. Informal Season Setting
Credit: Illustration by Verónica Martinez
At the time of arrest, a child may receive a station adjustment. A station adjustment is when the police officer records the arrest, but does not refer the case to juvenile court. There are two types of station adjustments: formal and informal.
Through an informal station adjustment, a child can be released to a parent or guardian without having to admit guilt and under certain conditions, such as a mandatory curfew or community service. A formal station adjustment requires the child to admit guilt in writing, and for the parent and child to agree to the conditions of the release. As part of a station adjustment, law enforcement may refer the child to a diversion program, which could include programming or social services.
If the child violates the conditions of a station adjustment, the officer may give the child a warning, extend the term of the conditions to a maximum of 180 days, extend the community service to a maximum of 40 hours, or refer the child to juvenile court.
If detained, children must appear before a judge within 40 hours of their arrest.
Credit: Illustration by Verónica Martinez
If a child is referred to court, law enforcement will contact the Cook County Department of Probation and Juvenile Court Services. A juvenile probation officer will use a points-based screening process to determine whether the child should be detained at the Cook County Juvenile Detention Center or released while awaiting his or her first court hearing. The screening process takes into account the type and severity of the charge and the child’s background, which may include school attendance, criminal history, and family support. If a child scores 15 points or more, he or she must remain in custody until his or her court hearing. If he or she scores less than 15 points, he or she may be released to a parent or guardian with a notice to appear at his or her first court hearing. Any child charged with having a weapon automatically receives 15 points and is detained.
The hearing in front of a judge is supposed to take place within 40 hours of the arrest (not including holidays and weekends). During that hearing, a juvenile court judge will determine whether there is probable cause to charge the child with a crime and whether the child should remain in juvenile jail while the case is resolved. The judge may order electronic monitoring, home confinement, or short-term community programs as an alternative to detention while the child awaits trial.
Juvenile court protects child’s privacy
Credit: Illustration by Verónica Martinez
One difference between the juvenile and adult criminal justice systems is that juvenile offenses are not considered on criminal records. Children who are found delinquent in juvenile court do not have to disclose that they were convicted of a crime when applying for housing, education, or employment.
Another difference is the laws in place to protect a child’s identity in juvenile court. Journalists may request to be present during juvenile court proceedings, but they are not permitted to publicly reveal the child’s name or access his or her records in a way that violates the minor’s privacy. Anyone wishing to inspect juvenile court records must file a formal petition with the court.
Some juvenile cases are also eligible for automatic expungement, meaning that all records of the arrest and court outcome would be erased. Examples include some cases where a child was arrested but not charged, or cases where charges were dismissed or the child was found not delinquent. A case is also eligible for automatic expungement if the child was found delinquent for a low-level misdemeanor or was sentenced to supervision and successfully completed the terms. There may not be automatic expungement in some cases if the person who was arrested has a pending criminal case as a juvenile or adult. However, if a person does not qualify for automatic expungement, they may still be able to expunge criminal records by filing a petition directly with the court, although in some cases they will have to wait two years after all court proceedings are completed.
First-degree murder convictions and cases that require a person to register as a sex offender are not eligible for expungement as long as the person is on the sex offender registry. Unlike adults, children can apply for expungement from the sex offender registry after two years of registration for misdemeanors and five years for felonies. If approved, the child can petition the court to expunge his or her criminal record. It is important to consult with an attorney.
Is there anything you think we should investigate about the juvenile justice system in Chicago? Contact our reporter Kelly Garcia at [email protected]
Resources
- Cook County Public Defender’s Office Arrest Hotline(844) 817-4448.
- Chicago Legal Aid Service for juvenile criminal record expungement, Located at 1100 S. Hamilton Ave. No appointment needed Monday through Thursday from 9 a.m. to 4 p.m. For more information, call (312) 229-6072.
- Chicago Legal Aid Service also offers clinics in communities throughout the city, (312) 341-1070.
- Equip for Equality is an organization that provides legal assistance to people with disabilities, (800) 537-2632.
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