Criminal Law

Juvenile Justice System in Pennsylvania

If your child has been accused of a crime, the consequences can be life-altering. A juvenile adjudication or conviction may impact their ability to gain admission to educational institutions, secure employment, or pursue future opportunities. While the juvenile justice system is designed to rehabilitate rather than punish, the process is complex and significantly different from the adult criminal system.

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In Pennsylvania, juvenile proceedings follow a distinct set of rules and procedures, emphasizing rehabilitation, accountability, and community protection. These cases are handled in juvenile court, where the focus is on determining whether the child is “adjudicated delinquent” rather than “guilty,” and where outcomes may include probation, counseling, or placement in treatment programs rather than incarceration.

Because of these differences, it is essential that your child is represented by an attorney who understands the nuances of juvenile law. At Keller, Lisgar & Williams, our attorneys have extensive experience navigating the juvenile justice system. Senior Partner Robert C. Keller brings decades of criminal defense experience to the firm, while Annemarie E. Ward and Darryl W. Shorter have built strong reputations for their advocacy in juvenile courtrooms across Southeastern Pennsylvania.

We are not only familiar with the unique procedures of juvenile law, but we have a proven track record of securing favorable outcomes for our clients—whether through diversion programs, reduced charges, or successful advocacy at adjudication and disposition hearings. We approach each juvenile case with the care and strategic insight it deserves, recognizing the long-term impact it can have on a young person’s life.

If your child is facing juvenile charges, our team is here to protect their rights and future.

NAVIGATING THE JUVENILE SYSTEM

1. Foundational Principles

Pennsylvania’s Juvenile Justice System is guided by the Balanced and Restorative Justice (BARJ) model, which emphasizes:

Community protection
Accountability for offenses
Competency development for youth

This model is implemented through the Juvenile Justice System Enhancement Strategy (JJSES), which promotes evidence-based practices and data-driven decision-making.

2. Entry into the System

A juvenile may enter the system through:

Arrest or referral by law enforcement
School-based referrals
Complaints filed by parents or community members

Once referred, the juvenile probation department conducts an intake assessment to determine whether the case should proceed formally or be diverted.

3. Detention Procedures

If detention is necessary:

A detention hearing must be held within 72 hours.
Recent amendments (April 2025) to Pa.R.J.C.P. 140 and 141 allow courts to direct the place of detention at the time of apprehension, rather than pre-specifying it in a bench warrant.

4. Adjudication Process

The juvenile is formally charged and appears before a Juvenile Court Judge.
The court determines whether the juvenile committed the alleged offense.
If adjudicated delinquent, the court proceeds to disposition.

5. Disposition (Sentencing)

Disposition options include:

Probation
Community-based programs
Residential placement
Restitution or community service

The goal is rehabilitation, not punishment.

6. Supervision and Probation

Juvenile probation departments follow standards set by the Juvenile Court Judges’ Commission (JCJC). These include:

Risk and needs assessments
Individualized supervision plans
Use of graduated responses to behavior

7. Aftercare and Reentry

Youth exiting residential placement receive aftercare services to support reintegration. This includes:

Continued probation supervision
Educational and vocational support
Mental health and substance abuse services

8. Expungement

Juveniles may petition for expungement of their records under certain conditions, such as:

Completion of supervision
Passage of time without reoffending
Dismissal of charges

JUVENILES CHARGED AS ADULTS

In Pennsylvania, when a juvenile is charged as an adult, the process diverges significantly from the standard juvenile justice procedures. Here’s a clear overview of how it works:

1. Statutory Exclusion (Direct File)

Certain serious offenses must be filed in adult criminal court if the juvenile meets age and offense criteria. These include:

Murder (regardless of age)

Other violent felonies (e.g., rape, robbery with a deadly weapon) if the juvenile is 15 or older and used a deadly weapon or has a prior record.

This is governed by 42 Pa.C.S. § 6302 and § 6355.

2. Transfer from Juvenile to Adult Court (Judicial Waiver)

For other offenses, the juvenile court may transfer the case to adult court if:

The child is 14 or older
The offense is a felony
The court finds that the public interest is served by the transfer

The court considers:

The nature of the offense
The child’s maturity and criminal history
Likelihood of rehabilitation in the juvenile system

3. Reverse Waiver (Decertification)

If a juvenile is initially charged in adult court, they may petition for a reverse waiver to transfer the case back to juvenile court. The burden is on the defense to prove:

The juvenile is amenable to treatment
Public safety would not be jeopardized

This is a critical stage for defense counsel to present psychological evaluations, school records, and expert testimony.

4. Detention and Bail

Juveniles charged as adults are typically held in adult facilities, but under federal and state law, they must be separated by sight and sound from adult inmates. Bail is available, unlike in juvenile court.

5. Sentencing

If convicted in adult court:

Juveniles may face adult penalties, including mandatory minimums.
However, Miller v. Alabama and Commonwealth v. Batts limit life without parole for juveniles.
Judges may consider youth-specific mitigating factors at sentencing.

6. Collateral Consequences

Adult convictions carry long-term consequences:

Loss of voting rights (while incarcerated)
Barriers to employment, housing, and education
Sex offender registration (in some cases)

Get Your Free Consultation Today

Our firm offers a free consultation where we will evaluate your case and answer all of your questions. If you are unable to visit our office, we will even visit you in the hospital or come to your home.