In 2018, the U.S. Congress implemented the Juvenile Justice Reform Act (JJRA), which was the most significant update to juvenile justice since 2002. Some issues the JJRA addressed included eliminating the use of restraints on pregnant girls in custody, allocating grant funding for legal representation, and improving the process of expunging and sealing juvenile records. This Act also made changes to how juvenile offenders are housed when being charged as an adult.
As these federal laws are implemented here in Pennsylvania, the state is also making some changes to how delinquency cases are handled in the juvenile courts. In today's volatile legal environment, is as important as ever for juvenile offenders to retain proper legal representation when needed. Having a criminal defense attorney that regularly works in this area of practice is critical.
Berks County Juvenile Court and Probation Office
Juveniles who are charged with acts of delinquency in Berks County are processed by the Juvenile Court in Reading. This agency is responsible for enforcing court orders, working with the local schools, and compliance with the Pennsylvania Juvenile Justice System's Enhancement Strategy in community safety. This office supervises as many as 750 youths across the county.
The Berks County Juvenile Probation Office handles delinquent youth between the ages of 10 and 17. If a juvenile is arrested by a local police department they are referred to the Juvenile Probation Office and are either released to their parent's custody or placed in juvenile detention. All those who are detained will have a detention hearing within 72 hours.
Legal Counsel and Detention
If the Hearing Master decides the juvenile should remain in detention until further court proceedings, they will be housed at the Abraxas Academy in Morgantown. This is a secure facility capable of accommodating up to 156 youth. All children are eligible to have legal representation from a public defender; however, retaining private legal counsel is strongly encouraged.
Hearings and Penalties
Juveniles will have a hearing that is presided by a Magisterial District Court Judge who may impose penalties. Juveniles may perform community service instead of paying fines. Those placed on probationary supervision are subject to a service fee that ranges from $60 to $120 and fines, court costs and restitution may be ordered. The majority of juvenile offenders that are sentenced to a detention facility are those deemed as habitual offenders or those considered a danger to the community.
Juveniles may be referred to treatment for drugs and/or alcohol when appropriate. Those old enough to drive may have their driver's license suspended. Various alternative sentencing programs are available including the DREAM program and electronic monitoring.
DREAM Program
The DREAM program is an alternative approach for youth that promotes rehabilitation through work in the community, counseling, and more. The program spans six-months and focuses on three areas as follows:
- Behavior modification
- Community service
- Education and prevention
Juvenile Record Expungement and Sealing
An attorney may request that juvenile case records be expunged in these scenarios:
- A complaint or case was dismissed
- It has been six months since the “final discharge from supervision under a Consent Decree.”
- Five years have passed and the individual has not had any subsequent convictions
- An individual has reached the age of 18 and the District Attorney approves the expungement
Juvenile Court Lawyer in Pennsylvania
Juveniles that are accused of acts of delinquency may face significant penalties and other consequences that may have a negative impact on their future. Attorney Joseph D. Lento is extremely familiar with the juvenile justice system and offers aggressive representation. Contact the office today for a consultation at (888) 535-3686.
