Juvenile Justice System in Wisconsin

The juvenile justice system in Wisconsin is designed with the recognition that juveniles and adults are fundamentally different, especially in their capacity for rehabilitation. This system focuses on rehabilitation and education rather than punishment alone.

Here's an overview of how the juvenile system differs from adult courts and what parents in Eau Claire and the Chippewa Valley should know.

Focus on Rehabilitation

The Wisconsin juvenile justice system emphasizes rehabilitating young offenders. This approach is based on the understanding that youths have a greater capacity for change, and the goal is to guide them toward becoming responsible adults.

Privacy Protections

Juvenile proceedings are generally not public in the same way adult trials are. This privacy aims to protect the youth's future, minimizing the impact of their mistakes on their later life.

Informal Proceedings

The process in juvenile courts is more informal compared to adult courts. There's a stronger emphasis on dialogue and understanding the root causes of the juvenile's behavior.

Sentencing Options

Sentencing for juveniles focuses on education, community service, and rehabilitation programs rather than incarceration. When detention is deemed necessary, it's usually in a facility designed for youths, which focuses on education and rehabilitation.

Early Intervention Is Key

Engaging with the system at the earliest opportunity can significantly affect the outcome. Parents are encouraged to seek legal representation for their children immediately upon their detainment or accusation.

Parental Involvement

The juvenile system in Wisconsin often involves parents in the rehabilitation process, recognizing the crucial role they play in their child's development and the importance of a supportive home environment.

Potential for Sealing Records

Unlike adult criminal records, juvenile records can often be sealed or expunged, meaning they won't permanently affect the child's future opportunities for education and employment.

Wisconsin law stipulates that juveniles found delinquent can petition the court to expunge their records upon reaching 17 years of age, provided it was their first offense, they've complied with all sentencing terms, and the expungement is deemed beneficial for them without harming society​.

Expungement in Wisconsin means completely clearing the records from public view, including removal from the Wisconsin Circuit Court Access (WCCA) website. Sealed records, however, are made confidential but not erased.

Expungement in Wisconsin applies only within the court system. Other government repositories might still retain records of expunged crimes, potentially affecting background checks​​.

Rights and Responsibilities

Juveniles have many of the same legal rights as adults, including the right to an attorney and the right to remain silent. However, there are differences in how these rights are applied.

• Disposition vs. Sentencing: In the adult system, a conviction leads to sentencing, where penalties like fines, probation, and jail time are determined. Conversely, the juvenile system focuses on a disposition that aims at the rehabilitation of the youth rather than punishment​​.
• Open vs. Closed Hearings: Adult court hearings are public, allowing anyone to attend. Juvenile hearings, however, are typically closed to protect the minor's privacy, usually only allowing the child, their family, lawyers, and probation officers in the courtroom​​.
• Rehabilitation Focus: The juvenile system emphasizes rehabilitating the young offender to prevent future crimes. This contrasts with the adult system, where the focus is more on punishment and deterrence​​​​.
• Use of Juries: Unlike adult trials, where the defendant has the right to a jury, juvenile cases are decided by a judge alone, who acts as the fact-finder​​.
• Involuntary Commitment: While adults can only be involuntarily committed if they have mental health disorders and pose a danger, juveniles may be involuntarily placed in detention centers if deemed necessary for public safety or their own rehabilitation​​.
• Legal Representation and Family Involvement: In juvenile cases, the attorney often interacts not just with the minor but also with their family, reflecting the system's broader approach to addressing the needs of the youth within their familial context​​.

Call Us Today to Speak to an Eau Claire Criminal Defense Lawyer

Professional legal representation from Cohen Law Offices can help protect the juvenile's rights, advocate for the least restrictive measures, and seek opportunities for rehabilitation.

Contact Cohen Law Offices at (715) 382-9447 for a consultation to discuss how we can assist you in navigating your legal challenges with confidence and professionalism.