Navigating The Juvenile Criminal Justice System In Arizona

Getting arrested is one of the most stressful things a person can experience, but if you’re a parent, it can be even more difficult to watch your child be placed under arrest and go through the criminal justice system. During a time they should be focused on school, sports, and friends- and maybe even applying to colleges- criminal charges can present an enormous obstacle with life-changing consequences. There are ways to minimize these effects both during and after adjudication. Is a child you care about facing serious legal trouble in Arizona? Let us help you determine the best course of action to help keep that child’s life on the right track. Schedule your free phone consultation with My AZ Lawyers today at 480-833-8000 for more information. 

Can My Child Be Charged as an Adult?

When a child is closer to adulthood and commits a serious offense, prosecution may decline to enter them into the juvenile system and try them as an adult instead. There are two methods that the prosecution can use to charge a minor as an adult in Arizona- through a direct file or a transfer hearing. 

Direct Files

Direct files allow the prosecution to immediately charge a minor as an adult without starting off in the juvenile system. They are authorized under Arizona law by A.R.S. § 13-501. This law creates both mandatory and discretionary direct files for juvenile offenders. It is mandatory for a minor to be charged as an adult in Arizona if they are 15, 16, or 17, and are a chronic or violent felony offender, with the statute specifying applicable charges as being first- or second-degree murder, forcible sexual assault, and armed robbery. 

A discretionary direct file is when the prosecution decides of their own volition to charge a minor as an adult for a criminal offense in Arizona. The defendant must be at least 14 years old for this to occur. The prosecutor can discretionarily direct file when the offender has committed any class 1 or class 2 felony, certain class 3 felonies, any level of felony involving a dangerous offense, or when the defendant is a chronic felony offender. 

If a juvenile is charged as an adult due to being a chronic felony offender, their status as such must be properly established. The statutory definition is “a juvenile who has had two prior and separate adjudications and dispositions for conduct that would constitute a prior felony conviction if the juvenile had been tried as an adult.” This distinction might not be crystal clear in practice. A juvenile charged using this concept can submit a motion to request a hearing on the matter. At this hearing, the state should be able to prove by a preponderance of the evidence that the defendant is a chronic offender to proceed with prosecution at the adult level. 

Transfer Hearings

Transfer hearings are authorized under Arizona law by A.R.S. § 13-504. This statute can be used to transfer a minor from the adult to juvenile system, and vice versa. This statute lists 10 factors that should be considered in a juvenile transfer hearing: 

• The seriousness of the offense
• The juvenile’s prior criminal history
• The juvenile’s prior residential placements or institutionalizations 
• Any prior felony offenses
• If the juvenile committed a felony while involved with the juvenile criminal justice system
• If the juvenile committed the offense as part of gang activity 
• The victim’s views
• The degree of the juvenile’s participation in the offense 
• The juvenile’s mental and emotional condition
• The reasonable likelihood of the juvenile’s rehabilitation using resources currently available to the court

Juvenile Records and College Applications

Is the slate wiped clean at 18, or does a juvenile offender need to disclose their convictions when applying for college? Unfortunately, Arizona does not automatically wipe juvenile offenders’ records clean upon their 18th birthdays. So if a college decides to confirm information provided on a prospective student’s application, it won’t be difficult for them to find the applicant’s involvement in the Arizona juvenile criminal justice system. 

Several colleges use the Common Application to admit students. In recent years, this application has moved towards making answering any questions about criminal adjudications optional. But some colleges use their own applications, and answering such questions is mandatory. If the college doesn’t catch an undisclosed conviction at first but find it later on, the student could be expelled at any point during their education- without a refund of tuition. Some schooling programs will administer more in-depth background checks before admitting students, especially in nursing, education, and law. All of this to say is that a criminal record could be a deciding factor weighing against a juvenile offender, and lying about a conviction could come with serious consequences. 

Even if a former juvenile offender is admitted to a college, the conviction could affect their ability to receive financial aid. Several grants and scholarships have character and fitness requirements that would exclude an applicant with a juvenile criminal record, especially if the offense was a felony. 

Destruction of Juvenile Records

In Arizona, a juvenile’s criminal record isn’t automatically cleared when they turn 18, but they (or another party) can request the destruction of their juvenile record as per A.R.S. § 8-349. This request must be made after the juvenile reaches adulthood. Some of the other requirements to destroy a juvenile record include:

• The offense was not a felony
• The person has no current charges against them pending
• The person completed all of their juvenile probation terms or court-ordered treatment plan
• Any restitution was paid in full
• The person is not required to register as a sex offender
• The person has paid their fines in full or requested that the court modify their fines

There is no filing fee to file a motion to request the destruction of a juvenile’s record. However, the county attorney can object to the destruction. This can lead to a hearing on the matter. The court is more likely to allow the destruction to proceed if the matter was not adjudicated (e.g., the person was arrested but not charged). Because penalties have already been imposed here and jail time is not on the line, there is no right to a court-appointed attorney for this motion. You will need to hire your own attorney if you want to make sure your motion is drafted clearly and convincingly. To schedule your free consultation with Arizona’s choice in criminal defense representation, call 480-833-8000. 

Are You the Parent of a Child Facing Criminal Charges in Arizona? Don’t Wait to Schedule Your Free Phone Consultation with an Experienced Private Defender

In Arizona, the consequences of crimes committed before the age of 18 don’t just go away when that child reaches adulthood. For serious crimes, the child may actually be tried as an adult. This could create ramifications that at best present extra challenges for years to come, and at worst could create a permanent downward spiral. Investing in your child’s criminal defense could be the most important investment you make in their lifetime. Our Arizona criminal defense attorneys have dedicated experience across a wide array of criminal charges in Arizona. Schedule your free consultation to discuss your child’s case today by calling 480-833-8000.