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Juvenile Crime

Home » Criminal Defense » Juvenile Crime

Juvenile Crimes

In Wisconsin, when someone under the age of 17 years is accused of committing a crime, it is considered a juvenile offense—a “delinquent act”—and the case is processed through the juvenile justice system. Juvenile offenses are by no means lesser crimes; but they are handled differently than adult cases.

Juvenile Delinquency

Juvenile delinquency, as defined by the U.S. Department of Justice, is the “the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult.”

However, under the Wisconsin Juvenile Justice Code, in the context of investigating or prosecuting violations of state or federal criminal law, a “juvenile” does not include an individual who has attained 17 years of age. Only those under the age of 17 may be considered a juvenile.

The process of adjudicating juvenile crimes in Wisconsin is based on the idea that those individuals who are younger than 17 years of age have a different level of responsibility and a greater potential for rehabilitation than those over the age of 17 years. The criminal justice system seeks to understand that fundamental difference and apply other remedies for juveniles to avoid incarceration.

Juvenile Court

The primary focus of the Wisconsin Juvenile Court is to educate or rehabilitate as it seeks to address the interests of public safety and the needs of the juvenile and their family. The Juvenile Court considers what skills or competencies the juvenile or family members may require to avoid future problems and to restore any damage resulting from the juvenile’s acts.

Defending Juvenile Criminal Offenses

Knowledgeable juvenile criminal defense attorneys at Nicholson Goetz & Otis, S.C. have extensive experience handling juvenile delinquency cases for both the Wisconsin public defender’s office as well as private cases.
Our team successfully defends against a range of juvenile offenses including—but not limited to—the following:
  • Battery
  • Drug crimes
  • Illegal purchases
  • Vandalism
  • Sexual offenses
  • Auto theft
  • Domestic offenses
  • Burglary and robbery
  • Weapons offenses
  • Violent crimes

Frequently Asked Questions About Juvenile Crime in Madison and Across Wisconsin

Below are answers to some of the most common questions parents and guardians ask the knowledgeable criminal defense lawyers at our law firm about their children’s juvenile criminal cases in Madison.

What happens after my child’s arrest in Madison, Wisconsin?

After law enforcement officials take your child into custody for a suspected offense, the police may either release them to you or refer them to intake services for the juvenile court system. Intake services will review the facts and evidence of their case during an initial screening and assessment, in which reviewers will interview them and collect further information from you, representatives from their school, and other community members. Reviewers will then determine which disposition to recommend, which can include:

  • Closure of the case in the juvenile justice system
  • A deferred prosecution agreement, under which your child can avoid a formal delinquency hearing by following specific conditions
  • Referral of the case to the district attorney for a formal delinquency petition

Retaining an experienced attorney from our law firm as soon as possible after your child’s intake process begins can improve the likelihood of an outcome that diverts them from delinquency proceedings.

What rights does my child have in a juvenile case?

A juvenile has all the same rights in the juvenile justice system that an adult has in the traditional criminal justice system, including:

  • The right to remain silent
  • The right to legal representation by an attorney
  • Protection against unlawful searches and seizures or interrogations

Uncoerced statements your child offers to the police may become evidence that prosecutors can use in a delinquency proceeding. As parents or guardians, you should refrain from allowing your child to speak to the police without having their lawyer present. 

What penalties can a juvenile face in Wisconsin?

The juvenile justice system in Wisconsin focuses primarily on the rehabilitation of a juvenile who has committed an offense, unlike the adult criminal justice system, which also focuses on punishment and public protection. As a result, a juvenile court can impose various sanctions as part of a delinquency adjudication, many of which focus on helping a juvenile to avoid criminal behavior in adulthood. Examples of potential dispositions in a juvenile case include:

  • Counseling
  • Supervision by a state agency, county department, or suitable adult
  • Probation programs, in which a volunteer serves as a role model and provides informal counseling and general monitoring
  • Referral to the teen court program
  • Intensive supervision
  • Placement in a parent or relative’s home, a foster home, a residential treatment center operated by a child welfare agency, or a juvenile detention facility
  • Electronic monitoring
  • Transfer of custody to a relative, a county department, or a licensed child welfare agency
  • Placement in a Type 2 residential care center 
  • Placement in a serious juvenile offender program
  • Correctional placement in a secured facility 
  • Restitution
  • Supervised work programs or community service
  • Placement in special treatment 
  • Placement in an educational program

Will a juvenile conviction stay on my child’s record in Wisconsin?

In Wisconsin, a juvenile conviction can remain on your child’s record unless the sentencing judge orders expungement upon the successful completion of their sentence. A juvenile court must order expungement at the time of sentencing for your child to become eligible for expungement. 

What does a “waiver hearing” involve?

Wisconsin’s juvenile justice system allows prosecutors to petition the juvenile court to waive its jurisdiction over a juvenile’s case in favor of adult criminal court, if the juvenile meets specific criteria, including:

  • The juvenile allegedly committed one or more of several enumerated offenses on or after their 14th birthday.
  • The juvenile allegedly committed a felony offense on or after their 14th birthday at the request of or for the benefit of a criminal gang.
  • The juvenile allegedly committed an offense of any kind on or after their 15th birthday.

The juvenile court will hold a hearing on a waiver petition to determine whether the prosecution’s case has merit and whether to waive jurisdiction, based on the court’s evaluation of certain criteria.

Charged with Juvenile Delinquency? We Can Help.

In juvenile matters, early response is important. An experienced attorney can assist from the moment that a juvenile is accused of a crime. The juvenile system provides options for resolution without entering the court system. An experienced attorney can advocate for alternatives to court involvement.
When a juvenile is charged with violating a criminal statute, the court must first determine that the juvenile is delinquent. This is an important step, and the State is held to the same burden as in criminal cases. Juvenile trials require an attorney with the same skill and knowledge as criminal cases. In the event a juvenile is found delinquent, the process of determining consequences requires knowledge and experience regarding the services available for juveniles and the appropriateness of conditions.
Having an experienced juvenile crime lawyer handling your case and advocating on your behalf is critical. If you or a family member is under the age of 17 years and have been charged with a juvenile criminal offense, contact a criminal defense attorney immediately to discuss your case.

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