Are you a parent whose son or daughter has recently fell into trouble with
the law in the Phoenix area? If so, you probably have a lot of questions
and concerns about how the courts will handle your teen’s case,
and more importantly, about your child’s future.
In order to shed some light on the juvenile justice system in Arizona,
we are going to provide some basic information about
juvenile delinquency and how the courts handle juvenile cases. If you have further
questions, we urge you to contact our firm to speak with Attorney Davidson, a former
Arizona’s Juvenile Court System
Under ARS § 8-201, an
“incorrigible” youth is one who is truant, a runaway, or a juvenile who refuses to listen
to their parent or guardian. An incorrigible youth may violate curfew
or smoke cigarettes.
Under ARS § 8-201, a
“delinquent” youth is one who, if he or she was an adult (18 or older), they could
be charged with a criminal offense listed under Title 13 of the Arizona
If your son or daughter is in trouble with the law and they are under the
age of 18, their case will be handled by the Juvenile Court, which has
delinquency jurisdiction over all minors age 8 until they turn 18 years of age.
Will my child be tried as an adult?
It is possible, but it depends on the facts of the case. If your teenager is between
the ages of 15 and 18, and they commit armed
sexual assault, or
murder in the first or second degree, or any other aggravated driving or a
violent offense, they WILL be tried as an adult. You can learn more about this
law in ARS § 13-501.
Additionally, if a child is at least 14 years of age, and they are convicted
in Juvenile Court on two felonies and then he or she is arrested for a
third (new) felony, the juvenile MAY be tried as an adult if the county
attorney feels that it would be appropriate (see ARS § 13-501) and
in the best interests of public safety.
Sometimes, there are other circumstances where a county attorney wishes
to try a juvenile as an adult. In that case, the county attorney must
file a motion to transfer and a juvenile judge must decide:
- If there is probable cause to try the juvenile offender in adult criminal
- Whether the juvenile offender should be tried in adult criminal court because
doing so would protect the community due to the seriousness of the offense.
Are you looking for a Phoenix criminal defense attorney to defend your
son or daughter’s criminal charges? If so,
contact the Law Offices of Joshua S. Davidson, PLC to schedule a free case evaluation!