What to Do If Your Child is Arrested or Charged in Illinois
Options to protect a juvenile’s criminal record in IllinoisBy Benjy Schirm, J.D. | Reviewed by Canaan Suitt, J.D. | Last updated on April 14, 2023
Use these links to jump to different sections:
- What Happens if a Minor is Arrested in Illinois
- Probation Adjustment for Minors
- Restorative Justice Programs
- Deferred Prosecution
No one is perfect, and we all make mistakes—especially in our youth. But if those mistakes land your child in the juvenile justice system or juvenile detention, thankfully there are options in Illinois.
While young people may violate the law at some point during their adolescence, most juvenile crimes are minor violations such as missing curfew, shoplifting, littering, or speeding. A relatively small proportion of juveniles are actually arrested and enter the juvenile justice system each year.
What Happens if a Minor is Arrested in Illinois
If a minor is taken into custody by a police officer, the officer may choose deferment.
Rather than referring the case to the District Attorney, an officer may elect to informally release the alleged offender to their parents in what is called a station adjustment. Often these releases will be conditional and the minor will have to complete community service, participate in social services, attend a school, or obey a curfew.
Formal and Informal Station Adjustments
Station adjustments may be made formally or informally. An informal station adjustment doesn’t require the admittance of guilt, but a formal station adjustment does.
- Informal adjustments are limited to 90 days. Police officers can give up to three informal adjustments for felonies and misdemeanors every three years. A minor can receive no more than five informal adjustments total during their minority (that is, before they become an adult at 18 years old).
- Formal adjustments can last up to 120 days. Police officers can give three formal adjustments for misdemeanors and two for felonies during a three-year period. Law enforcement cannot give out more than four formal adjustments during the individual’s minority without the approval of the District Attorney.
Probation Adjustment for Minors
If the law enforcement officer sends the case to the District Attorney’s office, the prosecutor on the case may recommend a probation adjustment in lieu of filing a petition of delinquency or criminal charges.
In this option, the minor must stay out of trouble and comply with all mandates given by the court system for a period of months—typically 12. If they successfully complete the year of supervision, the minor will be released.
Restorative Justice Programs
If formal juvenile delinquency charges are filed after your child’s arrest, the state’s attorney may offer entrance into one of many restorative justice diversion programs. They can include:
- Community mediation panels and mediation programs
- Victim-offender conferencing and restorative justice circles
- Referrals for services, counseling, restitution, or other community-based programs that hold the youth accountable and provide opportunities for rehabilitation and restoration
One may receive a continuance under supervision unless the alleged offense is a serious crime, such as first-degree murder, a class X felony, or a forcible felony. This allows a minor to be under the supervision of the probation department for up to 24 months and, if they successfully do so, the charges aren’t placed on their record.
A final option would be a deferred prosecution, which suspends the judgment in a case. If a minor can successfully complete their time without getting in any more trouble or violating any conditions, they are released from prosecution.
Rather than being supervised by a probation officer, the minor must be supervised by a parent or guardian while in this program.
These are merely some of the options available to juveniles when they make mistakes. Although there are expungement programs to clear records later, one’s primary focus must be to keep things off of any permanent record.
It is essential to have an experienced criminal defense attorney to ensure a positive outcome in your child’s case. Be certain to have all of your options explained and explored to ensure your child’s needs are met.
For more information on this area of law, see our overview of criminal law.
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