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Juvenile cases are another aspect of the criminal law here in Connecticut, but are handled in a completely different fashion. Meehan Meehan & Gavin represent children who are charged with a delinquency or serious juvenile offense. Under Connecticut law a child is anyone under the age of sixteen. As with the rest of this site the following information is a simplistic sketch of the Connecticut criminal juvenile system.
Delinquency:
Under Connecticut law, a delinquent act is defined by Connecticut General Statute Section 46b-120 as the violation of any federal or state law or municipal or local ordinance, other than an ordinance regulating the behavior of a child in a family with service needs, or the violation of any order of the Superior Court.
Serious Juvenile Offense:
Under Connecticut law, a "serious juvenile offense" is defined by Connecticut General Statute Section 46b-120 and means: (A) the violation by a child, including attempt or conspiracy to violate sections 21a-277, 21a-278, 29-33, 29-34, 29-35, 53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-101, 53a-102a, 53a-103a, 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of subsection (a) of section 53a-123, 53a-134, 53a-135, 53a-136a, 53a-166, 53a-167c, subsection (a) of section 53a-174, 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or (B) running away, without just cause, from any secure placement other than home while referred as a delinquent child to the Office of Alternative Sanctions or committed as a delinquent child to the Commissioner of Children and Families for a serious juvenile offense
Confidentiality:
In Connecticut all records of cases of juvenile matters involving delinquency proceedings, or any part thereof, including court records, records of law enforcement agencies including fingerprints, photographs and physical descriptions, and medical, psychological, psychiatric and social welfare studies and reports by probation officers, public or private institutions, social agencies and clinics, shall be confidential.
Transfer To The Regular Criminal Docket:
Any child charged with a Connecticut capital felony, a class A or B felony or a violation of Arson Murder the court shall automatically transfer from the docket for juvenile matters to the regular criminal docket of the Superior Court provided such offense was committed after such child attained the age of fourteen years.
Upon motion of a juvenile prosecutor and order of the court, the case of any child charged with the commission of a class C or D felony or an unclassified felony shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court, provided such offense was committed after such child attained the age of fourteen years and the court finds ex parte that there is probable cause to believe the child has committed the act for which he is charged.
Resolving Cases:
There are several ways to resolve a juvenile case involving a delinquency or serious juvenile offense. As the prosecuting authority the state has the right to prosecute or enter a nolle prosequi. Assuming the state elects to prosecute the matter delinquency and serious juvenile offense cases can be handled nonjudicial or judicial.
Nonjudicial:
The court may authorize the filing of a verified petition of alleged delinquency or it may make without such petition whatever nonjudicial disposition is practicable, including the ordering of such child to do work of which he is capable in public buildings or on public property, particularly in cases in which the complaint alleges that the conduct of such child resulted in the willful destruction of property, provided the facts establishing jurisdiction are admitted and that a competent acceptance of such a disposition has been given by the child and his parent or guardian. If a nonjudicial disposition is made, the term of any nonjudicial supervision shall be established by the juvenile probation supervisor provided such period of supervision shall not exceed one hundred eighty days
Judicial:
A juvenile has the right to resolve his or her case by way of a trial. If the juvenile elects to resolve the case by trial and is acquitted the charges are dismissed. If the juvenile is convicted or enters a plea of guilty to a delinquency or serious juvenile offense the court may pursuant to Connecticut General Statute Section 46b-140: (1) Place the child in the care of any institution or agency which is permitted by law to care for children; (2) order the child to participate in an alternative incarceration program; (3) order the child to participate in a wilderness school program operated by the Department of Children and Families; (4) order the child to participate in a youth service bureau program; (5) place the child on probation; (6) order the child or the parents or guardian of the child or both to make restitution to the victim of the offense; (7) order the child to participate in a program of community service; or (8) withhold or suspend execution of any judgment.
Erasure of Records:
Pursuant to Connecticut General Statute Section 46b-146, whenever any child has been found delinquent or a member of a family with service needs, and has subsequently been discharged from the supervision of the Superior Court or from the custody of the Department of Children and Families or from the care of any other institution or agency to whom he has been committed by the court, such child, his parent or guardian, may file a petition with the Superior Court and, if such court finds that at least two years or, in the case of a child convicted as delinquent for the commission of a serious juvenile offense, four years have elapsed from the date of such discharge, that no subsequent juvenile proceeding has been instituted against such child, that such child has not been found guilty of a crime and that such child has reached sixteen years of age within such period, it shall order all police and court records pertaining to such child to be erased. Upon the entry of such an erasure order, all references including arrest, complaint, referrals, petitions, reports and orders, shall be removed from all agency, official and institutional files, and a finding of delinquency or that the child was a member of a family with service needs shall be deemed never to have occurred. No child who has been the subject of such an erasure order shall be deemed to have been arrested ab initio, within the meaning of the general statutes, with respect to proceedings so erased. Whenever a child is dismissed as not delinquent or as not being a member of a family with service needs, all police and court records pertaining to such charge shall be ordered erased immediately, without the filing of a petition.
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