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What types of juvenile cases go to federal court?

Las Vegas, NV |

Is the federal juvenile system tougher than the State's, like adult criminal court?

I meant, do federal courts treat juveniles harsher than the State juvenile system, like the federal courts treat adults harsher than the State in terms of sentencing?

Attorney Answers 3

Posted

None. Like divorce there is no juvenile court specific to Fed Court. It is possible for Federal Crimes to be charged against minors in certain circumstances.

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Asker

Posted

That's what I mean. How are juveniles treated differently if convicted in federal court of a federal crime, rather than being processed in the State's juvenile system?

Stephen F Wallace

Stephen F Wallace

Posted

If the juvenile I tried as an adult - no difference. I am going to research this and get back with you.

Asker

Posted

I mean to ask what are the ramifications of a juvenile being tried for a federal crime opposed to the State juvenile system. According to my knowledge, juvenile defendants are tried under a federal judge. There is no separate court, although juveniles are not "convicted" of a crime but "adjudicated". I was just wondering if the juvenile would get a harsher sentence if tried in federal court. For example, if 2 15-year old juveniles in different states or countries engaged in this new phenonema "sexting", wouldn't that fall under federal laws for child pornography? I am inquiring about if they would let the State juvenile system deal with it or would they be charged in federal court. And if "adjudicated" in federal court AS A JUVENILE, would they face harsher penalties in federal than if they were tried in the State Juvenile system? Your expertise is appreciated. Thank you for your time.

Stephen F Wallace

Stephen F Wallace

Posted

This is Federal and would fall under Federal Pornography laws despite the age.

Posted

I agree with my Avvo colleague. If this is a hypothetical question you should consider doing more research, if this is a real concern you should Consult and retain an experienced federal criminal defense attorney ASAP.

Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be relied upon to make any legal decisions. Seek the advice of an experienced criminal defense attorney in YOUR JURISDICTION -BEFORE you do or say anything. Law Offices of Raymond G. Wigell, Ltd. Admitted in Illinois and Federal District Courts in Illinois(Northern, Central and Southern Districts) and Indiana(Northern District), Defenders of the Constitution since 1975; Aggressive Creative Defense Strategies. Website: www.waaltd.com Email: rwigell@waaltd.com Available - 24/7 Office (708)481-4800 Cell. (708)218-0923

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Posted

Federal courts are reluctant to prosecute juveniles, but pursuant to 18 U.S.C. § 5032, they will if the appropriate state court does not have jurisdiction or refuses to exercise jurisdiction; the state court has insufficient services or programs to adequately address the needs of the juvenile; or the charged offense is a violent crime or serious drug offense and there is substantial federal interest in the case to exercise federal jurisdiction. Juvenile adjudications may be more or less lenient than in the various state courts, depending on the offense charged; violent crimes seem to be punished relatively more harshly in federal courts than in state juvenile courts.

Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
jlowther@nationalfederaldefense.com
http://www.NationalFederalDefense.com
866.380.1782

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