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Know your rights! Youth justice and juvenile law answers.

Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

Copyright, 2014
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December 1, 2011
Judge Tom
Juvenile Justice System
0

Can I be prosecuted in federal court?

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Yes, under a specific federal law called the Federal Juvenile Delinquency Act* juveniles may be charged in federal district court for a variety of offenses. The purpose of the Act is to provide juveniles an opportunity to engage in treatment and rehabilitation. It applies to persons under 21 who allegedly violated a federal law. It is a non-criminal process intended to keep the individual from the stigma of a criminal conviction.

If you are arrested for a federal offense and taken into custody, your legal rights will be read to you by the officer and your parents will be notified. You do have the right to remain silent and request a lawyer before speaking with the police. Once your parents are notified, speak with them about the incident. When a lawyer is appointed to represent you, your parents have no right to be present during your conversations with your lawyer. Nor can they make any decisions about the case or how it’s handled. The attorney-client privilege applies to you just as it does to adults in the criminal justice system.

If you are found to be delinquent by the court, your sentencing (called “disposition”) is held shortly thereafter. Although you don’t have a right to a jury trial in federal court, you can appeal the court’s decision. The sentencing possibilities include continued detention until age 21 or the maximum allowed under the United States Sentencing Guidelines.** Under federal law, your records are sealed and only available to specific persons listed in the law (18 United States Code Sec. 5038).

* 18 United States Code Secs. 5031 to 5042.

** 18 United States Code Sec. 5037; United States v. Juvenile, 347 F.3d 778 (Ninth Circuit Court of Appeals, 2003).

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The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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