Washington, IL asked in Juvenile Law for Illinois

Q: Can a juvenile in IL be charged with a felony if damage is under $600.00?

If police did not see juvenile commit alleged charges how can they convict juvenile? How can police convict juvenile of charges alleged by other juveniles supposedly made in a report under duress? What happens to juvenile's civil right if previous record had not been expunged by police dept within the proper time frame and police file charges during which time the record was to have been expunged. Can DA use the previous charges to up new alleged charges to a felony?

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2 Lawyer Answers

A: You're asking a number of questions here. You really need to talk to a defense lawyer privately to get a more detailed response.

Can a juvenile in IL be charged with a felony if damage is under $600.00?

Yes. There's more than one way it could be charged to make it a felony, including a damage amount of $500.00 or more. Your lawyer would have to look at the document that charges you and the police reports to tell you either why it's a felony or why it could be charged as a felony.

If police did not see juvenile commit alleged charges how can they convict juvenile? That depends on the other evidence they have. Prosecutors convict people all the time based on what's sometimes called circumstantial evidence, evidence that suggests a particular result. There is no rule that an eyewitness is required to convict someone.

How can police convict juvenile of charges alleged by other juveniles supposedly made in a report under duress?

It depends on what the other evidence is and whether or not it's believed that the other statements are under duress.

What happens to juvenile's civil right if previous record had not been expunged by police dept within the proper time frame and police file charges during which time the record was to have been expunged.

I am not sure here what you mean by expunged. Expunged means to have a record wiped clean. There is no requirement that police have to wipe a juvenile's record of arrests or convictions clean ever. To get a better answer to this question, you should see a lawyer.

Can DA use the previous charges to up new alleged charges to a felony?

By themselves, I don't think so, if it's just a criminal damage charge. I would have to see the charging document to say for sure. Can a prosecutor consider past criminal conduct to justify charging someone with a felony instead of a misdemeanor when they get to choose? Yes.

A: Yes, any juvenile can be charged with anything an adult can be charged with. Police juvenile records are not expunged. Yes, previous convictions can be used to increase charges to a felony, but not previous charges.

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