In Pennsylvania, most criminal charges against a child under 18 are handled in juvenile court, where the focus is supervision and rehabilitation rather than punishment. A case can end with an informal adjustment, a consent decree, or an adjudication of delinquency, and many juvenile records can later be expunged. Justin Panighetti, a former Erie County prosecutor who regularly handles juvenile cases in Erie County, represents children and their families from the first hearing on.
Getting an experienced and knowledgeable juvenile defense attorney to represent your child’s interests when charged with a juvenile offense in Erie County is extremely important in light of their short and long term outlook. That means you need an attorney with both significant and recent experience within the Juvenile Justice System.
What many parents don’t realize is that the Juvenile Justice System is very different in comparison to the Adult System. In many ways, it can be more “punitive” and missteps abound if the attorney representing your child only dabbles in that arena. As you have likely seen from my “About” page, I was a prosecutor first. Since then, I’ve spent even more time as a private defense attorney. But what is somewhat less known is that I have spent two mornings a week over the last several years representing juvenile cases in Erie County. That has given me experience, knowledge, and working relationships in Erie County’s juvenile system that carry over directly to your child’s case.
That dynamic places me in a position to begin representing your child immediately. I know who will be making the initial key decisions. I also have an intimate understanding of the process. That includes how to handle a detention hearing, what to expect in an intake interview, what is expected at status conferences, and what crimes and circumstances create the risk of placement. Navigating all of those circumstances is extremely difficult if you simply dabble in juvenile defense in Erie PA.
- Detention. If a child is held in detention, a detention hearing must be held within 72 hours to decide whether the child stays in custody or goes home.
- Intake. A juvenile probation officer reviews the allegation and may recommend handling it informally or moving it forward.
- Adjudication hearing. If the case is not resolved, a judge, not a jury, decides whether the allegations are proven.
- Disposition. If the child is found delinquent, the court decides on supervision, treatment, restitution, or, in more serious cases, placement outside the home.
Some cases never reach a hearing. An informal adjustment resolves a case with supervision and no formal petition, and a consent decree places a child on supervision without an adjudication of delinquency. Murder, and some serious violent felonies charged against a child 15 or older, start in adult court, though a lawyer can ask the court to move the case to juvenile court.
What is a consent decree in juvenile court?
A consent decree puts the case on hold while the child follows conditions under supervision, usually for six months. If the child completes it successfully, the case is closed without an adjudication of delinquency.
Can a juvenile be charged as an adult in Pennsylvania?
Yes, in limited cases. Murder is filed in adult court, and so are some serious violent felonies charged against a child 15 or older. Other cases can be transferred to adult court after a hearing. A lawyer can ask to move a case from adult court back to juvenile court.
If you are reading this you are likely panicking. As a father myself, I understand why this situation ranks very high on the worst-case scenario list for a parent. But, take a deep breath and give me a call. It is very likely I can put your mind at ease if only by helping you better understand the road ahead. In many instances, a good outcome is readily achievable. In some cases however, missteps at any stage in the process, including within the first twenty-four hours, can be the difference between a positive outcome and your child being placed outside your home.
I can be reached at 814-806-6385. Someone will be available to answer your call twenty-four hours a day, seven days a week.
