Can Formal Charges Be Avoided?
In a juvenile court, it is possible to have formal charges being placed avoided. “Find Law” lists seven official factors that can help formal charges be avoided: • The severity of the offense. A serious crime is more likely to result in the filing of a petition than a less serious crime. • The minor’s age. Petitions are more likely to be filed in cases involving older children. • The minor’s past record. Formal charges are more likely when a minor has been previously involved with juvenile court. • The strength of the evidence that the minor committed a crime. Obviously, stronger evidence leads to a greater likelihood of formal charges. • The minor’s gender. Formal charges are more likely to be filed against boys than against girls. • The minor’s social history. Petitions are more likely to be filed when children have a history of problems at home or at school. • The parent’s or guardian’s apparent ability to control the minor. The greater the lack of parental control, the more likely
