Best Juvenile Law Lawyers in Delaware

About Juvenile Law in Delaware, United States

Juvenile law in Delaware covers the legal rules and procedures that apply to individuals under the age of 18 who are alleged to have committed crimes or who require court intervention due to matters like truancy or abuse. Delaware aims to balance public safety with the rehabilitation of young people, focusing on helping juveniles make positive changes so they can become responsible adults. The system emphasizes confidentiality and often seeks alternatives to incarceration, including counseling, community service, and diversion programs.

Why You May Need a Lawyer

Navigating the juvenile justice system can be complex and intimidating for both minors and their families. Here are some situations where legal assistance is especially important:

• A child is arrested or charged with a criminal offense.
• The state initiates proceedings for truancy or school discipline issues.
• A minor is suspected of being abused, neglected, or dependent.
• Issues arise concerning child custody or guardianship related to parental fitness.
• The juvenile faces probation violations or possible detention.
• The family is involved with child protective services or the Division of Family Services.
• The minor or their family wants to petition for expungement or sealing of juvenile records.

A lawyer can explain rights, represent the juvenile in court, help build a defense, negotiate with prosecutors, and guide families through complex legal processes.

Local Laws Overview

Delaware’s juvenile law is primarily governed by Title 10, Chapter 9 of the Delaware Code. Some key aspects include:

• The Family Court has exclusive jurisdiction over most juvenile matters, except for certain serious offenses where youth may be tried as adults.
• Juvenile proceedings are generally confidential to protect the minor’s privacy.
• The state prefers rehabilitation with interventions like counseling, education, and community programs over detention or incarceration.
• Delaware has diversion programs for first-time or low-level offenders, allowing eligible juveniles to avoid formal prosecution if they complete required programs.
• In select cases, a juvenile as young as 16 can be tried as an adult for certain felonies.
• Records from juvenile proceedings can often be sealed or expunged, giving youth an opportunity for a clean slate in adulthood.

Frequently Asked Questions

What age is considered a juvenile in Delaware?

A juvenile is typically any individual under the age of 18 who is not legally emancipated or married.

Can a juvenile be tried as an adult in Delaware?

Yes, in certain serious cases, such as violent felonies, the court can transfer the case to adult criminal court, especially for youths aged 16 or 17.

Are juvenile court records public in Delaware?

No, records from juvenile proceedings are generally confidential and not accessible to the general public, except in specific cases as provided by law.

What happens after a juvenile is arrested?

Following an arrest, a juvenile may be released to their parents or guardians, or held in detention pending a hearing. The court then determines the next steps, including potential diversion or probation.

What types of cases does juvenile court handle?

Juvenile court in Delaware handles criminal cases involving minors, as well as dependency, neglect, truancy, and some family matters.

What rights do juveniles have in court?

Juveniles have the right to legal counsel, the right to remain silent, and protection against self-incrimination, among others.

Can juvenile records be sealed or expunged?

Yes, in most cases, Delaware allows for the sealing or expungement of juvenile records, especially for nonviolent offenses or where rehabilitation is demonstrated.

What is diversion and how does it work?

Diversion is a program that allows eligible juveniles to avoid formal court proceedings by completing designated requirements such as community service, counseling, or education programs. Success can result in the dismissal of charges.

How are cases of truancy handled?

Delaware treats truancy as a status offense within juvenile court, often focusing on interventions to address underlying causes rather than punishment.

Do parents need to attend juvenile court proceedings?

Yes, in most situations parents or guardians are required to be present for their child’s hearings to ensure support and understanding of the process.

Additional Resources

If you need more information or support related to juvenile law in Delaware, here are some helpful organizations and government bodies:

• Delaware Family Court - handles most juvenile matters statewide
• Delaware Office of Defense Services - provides legal representation for indigent juveniles
• Delaware Division of Family Services - addresses issues of abuse, neglect, and dependency
• Delaware Department of Services for Children, Youth and Their Families
• Local legal aid organizations, such as Community Legal Aid Society, Inc.
• School guidance counselors and school-based social workers

Next Steps

If you or someone you know needs legal assistance in a juvenile law matter, here are important steps to consider:

• Contact a qualified juvenile law attorney as soon as possible to discuss your situation.
• If you cannot afford a lawyer, ask the court for a public defender or seek help from local legal aid organizations.
• Gather and organize all documents related to the case, including court notices, police reports, and school records.
• Attend all scheduled court appearances and meetings.
• Follow the advice of your attorney for the best possible outcome.
• Ask for information about diversion programs or opportunities for sealing records if eligible.

Remember, early action and informed guidance can make a significant impact on the outcome of a juvenile law case in Delaware.