The Difference Between A Juvenile And An Adult

The Difference Between A Juvenile And An Adult

It’s difficult to keep track of the number of times someone on a procedural show struggles to figure out if a young person should be charged as an adult or as a juvenile. Considering how many times television shows and movies use the conundrum as a plot device, it’s easy to fall into the habit of assuming that the Tennessee legal system routinely grapples with the same issue.

While there are cases where a prosecutor isn’t sure if they should charge someone as a juvenile or an adult, in most situations, the answer is clear.

In most cases, anyone who is under the age of 14 can not be charged as an adult. If a suspect is over the age of fourteen, but not yet eighteen, there are situations where they will face adult charges. The state has already laid out these situations.

Situations where a minor who is over the age of 14 can be charged as an adult include:

  • Attempted murder
  • Arson (that involves bodily harm or a building that’s inhabited, death)
  • Assault with a firearm
  • Carjacking
  • Discharging a gun into an inhabited building
  • Drive-by-shooting
  • Manufacturing/distributing/selling half an ounce or more of a controlled substance
  • Murder
  • Rape that involves threatening violence
  • Robbery
  • Sodomy involving lack of consent and bodily harm/threat of violence
  • Performing a lewd or lascivious act on a child who is under 14
  • Oral copulation involving lack of consent and bodily harm/threat of violence
  • Kidnapping for ransom
  • Kidnapping for robbery
  • Kidnapping for sexual assault
  • Kidnapping that involves bodily harm/threat of violence
  • Violating Section 1203.09 of the Penal Code
  • Violent felony acts that violate Penal Code 186.22(b)
  • Torture
  • Aggravated mayhem
  • Voluntary manslaughter

For the between 14 & 17-year-old suspect to be charged as an adult, the prosecutor must prove that the suspect was the one who actually committed the crimes. They can’t have merely been involved with the situation.

The worst thing about a minor getting charged as an adult for a serious crime is that they can’t use their age to obtain a more lenient sentence. Once the decision has been made to charge the minor as an adult, the young suspect faces the same type of sentencing older suspects face. In the case of serious felonies, this could include life in prison with the possibility of parole.

While the idea of charging someone as young as fifteen for an adult crime, like murder, might seem harsh. The hope is that knowing they could be charged as an adult and face severe consequences will discourage kids from attempting some extremely serious crimes and ruining their lives forever.

 

Understanding The Miranda Rights

Understanding The Miranda Rights

The right to remain silent and the right to have a lawyer represent you, are two rights every person has when arrested. These are the Miranda Rights, which the police are required to read to every arrestee.

The Miranda Rights are named after Ernesto Miranda, who was arrested in the 1960s and accused of kidnapping, rape, and robbery. During his trial, it was revealed that the police used intense and intimidating interrogation methods to lead him to confess. The court found this unjust and unfair, so his conviction was overturned. After additional evidence and eyewitnesses, he was eventually found guilty once again.

Miranda’s case, along with another in the 1960s, Escobedo vs. Illinois, brought about the Miranda Rights. The defendants in both cases were unaware of their full rights: the right to remain silent until their lawyer was present, and the right to have a lawyer during interrogation.

If a defendant is unaware of these rights, then they are more likely to offer a confession, whether or not they are truly guilty of the crime they are being accused of. In addition, without a lawyer, the police may use intimidating interrogation methods in order to force a confession. The suspect would give in, for they have no lawyer present to help fight back and protect them.

It is the suspect’s best interest to have a lawyer. If they can afford a private attorney who can specialize in the defendant’s case, they should go with that option. A private attorney will have more time to spend on the defendant’s case. In return however, they can be costly to afford. If the defendant cannot afford a private attorney, the court will appoint one to them. Court-appointed lawyers are neither ill-prepared nor unqualified, but they do tend to have more cases and clients to take care of than a private attorney. Thus, they must split attention and efforts across their multiple clients.

If your loved one has been arrested, the police will read them their Miranda Rights. It is very unlikely the police will neglect or forget to do so, but in that small chance it happens, you can use that oversight as leverage. Make sure your loved one is aware of their rights, and from there take it one step at a time to get your loved one home and through trial.

What To Do If You Have An Arrest Warrant In Tennessee

What To Do If You Have An Arrest Warrant In Tennessee

An arrest warrant is a scary piece of documentation. If the police knock on your front door and hold up an arrest warrant, it means that they will be taking you to jail. It is in your best interest to go peacefully with them. The only thing trying to run away or arguing with them does is add to the list of charges the state/county will file against you. It’s best to save your energy and focus on putting together a strong defense.

What If There Are Mistakes On The Arrest Warrant?

Many people assume that if there are mistakes, such as a name being misspelled, on the arrest warrant that the error makes the warrant invalid. That’s not true. The police are still well within their rights to arrest you.

Even if you’re confident that a mistake has been made and somehow the police have mixed you up with someone else who the warrant is really for, it is in your best interest to go quietly with the police. As soon as you’re able, call your lawyer and let them figure out the mess. You don’t want to add a resisting arrest charge to the situation.

Pay Attention During Your Arrest

Instead of arguing with the police, pay close attention to their behavior during an arrest. File everything to memory so that you can share the details with your lawyer. There is always a chance that the police will make a procedural mistake that you’re lawyer can use to persuade the prosecutor to drop the case.

What Happens When You Arrive At The Jail

When you arrive at the jail, you’ll likely learn more about the arrest warrant and the charges the county/state has filed against you. In many cases, this is when you’ll learn how much bail it will take to secure your release. If the booking officer doesn’t provide you with a bail amount at this point, it likely means you’ll have to attend a bail hearing.

Getting Released From Jail

Once you’ve been booked and know how much bail is required to secure your release, it’s time to explore how to get out of jail. This will largely depend on the bail amount and what your current financial situation is. If you have enough money, you can bail yourself out.

If you lack the financial means to cover your bail yourself, your next best option is contacting Action Bail Bonding. We are your best source for zero down bail.

The list of reasons you should come to us with your bail needs include:

  • 24/7 Bail Bond Service
  • FREE Consultation
  • 20% Discount
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  • Over the Phone Approvals
  • No Hidden Fees
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  • Easy to Understand Contracts
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We’re a family-owned bail bond company who understands the need for both fast approvals and discretion. We do everything in our power to make the bail bond process as simple and quick as we can. We promise, we won’t let you down.

If you or a loved one has been arrested, contact Action Bail Bonding and get your FREE no obligation consultation. We’re available 24/7 for your convenience. Call us at 901-476-2245 or click Talk To An Agent Now to chat.

How To Appear And Conduct In Court

How To Appear And Conduct In Court

  • Arrive to your court hearing a few minutes early.
  • Dress appropriately like you are going for an interview. Avoid flashy jewelry and distracting, revealing, and unkempt clothing items.
  • Remove hats and sunglasses.
  • Do not chew gum.
  • Sit and stand straight.
  • Speak and answer only when you are asked.
  • Speak clearly.
  • Say “yes” and “no” rather than nodding and shaking your head.
  • Remain calm and collected. Do not grow angry and argumentative.
  • Turn your cell phone off.
  • If you have young children who would not be in school at the moment, arrange to have someone babysit them at home.
  • Trust your lawyer and let them do the talking, unless you are asked to speak.
  • Use the bathroom before court begins.
  • Be respectful. Address the judge by “Your Honor.”

These are tips on how one should appear and conduct themselves in court. As a defendant accused of a crime, these will help show the court that you are taking this matter seriously. Body language and appearance can influence the court.

If you are out on bail, you will have a better time prepping for court, both in your appearance and also in your case. Posting bail is easy when Action Bail Bonding is involved. So, if you or a loved one ever need a bail bond, please contact Action Bail Bonding online or by calling 901-476-2245. We offer FREE consultation, so talk to one of our helpful bail agents and ask about our zero down bail bonds and discounts we offer along with your other bail-related questions. We are a 24/7 bail bond company that is always ready to assist and help you with all your bail bond needs.

Call Action Bail Bonding at 901-476-2245 and get your FREE consultation or Chat With Us now.