Getting a call that your child has been arrested is one of the most frightening things a parent can experience. Your mind races. You don’t know what to say, who to call, or what comes next. The juvenile justice system in Pennsylvania is different from the adult criminal system — but that doesn’t mean it’s simple, and the decisions you make in the first few hours can have a lasting impact on your child’s future.
This guide will walk you through exactly what to expect, what your rights are, and how to protect your child when it matters most.
What Happens When a Juvenile Is Arrested in Philadelphia?
In Pennsylvania, a “juvenile” is generally someone under the age of 18. When a minor is arrested or taken into custody in Philadelphia, the process typically unfolds like this:
1. Taken into Custody Police can take a juvenile into custody if they have probable cause to believe the child committed a delinquent act. This could follow a street encounter, a school incident, or a complaint from another party.
2. Notification of Parents Police are required to notify a parent or guardian as soon as possible after a juvenile is taken into custody. If you receive this call, stay calm. Write down everything — the officer’s name, where your child is being held, and what they’re being charged with.
3. Intake and Detention Decision After arrest, a juvenile probation officer will conduct an intake assessment. This determines whether your child will be:
- Released to a parent or guardian
- Placed on informal supervision
- Detained at the Philadelphia Juvenile Justice Services Center (JJSC) pending a hearing
Most first-time, lower-level offenses result in release to a parent. More serious charges or repeat offenses may lead to detention.
4. Arraignment / Detention Hearing If your child is detained, a detention hearing must be held within 72 hours. A judge will decide whether continued detention is necessary or whether your child can be released home with conditions.
The Philadelphia Juvenile Court System
Juvenile cases in Philadelphia are handled by the Philadelphia Court of Common Pleas — Family Court Division. The goal of Pennsylvania’s juvenile justice system is rehabilitation, not punishment — but that doesn’t mean the stakes are low.
A delinquency adjudication (the juvenile equivalent of a conviction) can result in:
- Probation
- Community service requirements
- Mandatory counseling or treatment programs
- Placement in a group home or residential facility
- Commitment to a secure juvenile facility
It can also affect school enrollment, college applications, and depending on the offense, future employment background checks.
Serious Charges: When a Juvenile Can Be Tried as an Adult
This is one of the most important things parents need to understand. Under Pennsylvania law, certain serious offenses automatically transfer a juvenile case to adult criminal court — meaning your child could face adult charges, adult penalties, and an adult criminal record.
Automatic Transfer (Direct File) applies when:
- The juvenile is 15 or older AND
- The offense is a serious felony such as murder, rape, robbery with a deadly weapon, or aggravated assault with a firearm
In these cases, the case begins in adult court. Your attorney can file a motion to transfer the case back to juvenile court, but there is no guarantee.
Decertification — the process of moving a case from adult court back to juvenile court — is possible but requires a formal hearing and a strong legal argument. The earlier you have an attorney involved, the better your chances.
Your Child’s Rights During and After Arrest
Your child has constitutional rights — even as a minor. It is critical that both you and your child understand these rights before any interaction with law enforcement.
The Right to Remain Silent Your child does not have to answer questions from police. In fact, one of the most common mistakes made in juvenile cases is a minor making statements to police without a parent or attorney present. Anything said can be used against them.
Teach your child this one sentence: “I want a lawyer before I answer any questions.”
The Right to an Attorney Your child has the right to legal representation. If you cannot afford a private attorney, a public defender will be appointed. However, given the potential long-term consequences — even in the juvenile system — having an experienced private criminal defense attorney is strongly advisable, especially for serious charges.
The Right to a Hearing Your child has the right to a formal adjudicatory hearing (trial) before a judge. In juvenile cases in Pennsylvania, there are no jury trials — a judge decides the outcome.
What NOT to Do After Your Child Is Arrested
Parents are often their child’s worst enemy in the moments after an arrest — not out of malice, but out of panic. Avoid these common mistakes:
Don’t interrogate your child in front of police. Anything your child says — even to you — can potentially be overheard or used.
Don’t let your child speak to police without an attorney. No matter how minor the charge seems, this is non-negotiable.
Don’t assume it will “just go away.” Even informal diversion programs require compliance, and missing a requirement can escalate the case.
Don’t discuss the case on social media. Not you, not your child, not siblings or friends. Social media posts have been used as evidence in juvenile cases.
Don’t wait to hire an attorney. Early intervention by a skilled defense attorney can make the difference between diversion and adjudication, or between juvenile court and adult court.
The Juvenile Diversion Programs Available in Philadelphia
Philadelphia has several programs designed to divert first-time or low-level offenders away from formal court proceedings. These are worth knowing about:
Station House Adjustment For very minor offenses, police may resolve the matter at the station without filing a formal petition. The juvenile is counseled and released with no formal record.
Consent Decree Instead of adjudication, a juvenile can agree to a consent decree — a period of informal supervision with conditions. If successfully completed, the case is dismissed.
Juvenile Accelerated Rehabilitation Disposition (JARD) A diversion program for eligible first-time offenders that involves community service, restitution, and other requirements in exchange for dismissal.
An attorney familiar with the Philadelphia juvenile court system can advocate for your child’s eligibility for these programs and guide you through the application process.
What Happens to Your Child’s Juvenile Record?
One of the biggest concerns for parents is whether a juvenile record will follow their child into adulthood. Here’s what Pennsylvania law says:
Expungement of Juvenile Records Under Pennsylvania law, juvenile records may be eligible for expungement (destruction) if:
- The individual is at least 18 years old
- Six months have passed since the final discharge from supervision
- The individual has not been convicted of a felony, misdemeanor, or adjudicated delinquent since discharge
There are exceptions and disqualifiers, including certain serious offenses. But for many juveniles, expungement is a real possibility — and it means the arrest and adjudication would not show up on most background checks.
An attorney can help determine your child’s eligibility and file the necessary petition.
How to Support Your Child Through This Process
Beyond the legal strategy, your child needs you. This experience is frightening and disorienting for a young person. Here’s how to show up for them:
- Stay calm. Your child will take their cues from you. Panic doesn’t help anyone.
- Be present at all hearings. Courts notice parental involvement. It matters.
- Follow through on conditions. Whether it’s counseling, community service, or check-ins — compliance is everything.
- Address the underlying issues. If this incident reflects something deeper — substance use, trauma, peer pressure, mental health struggles — getting your child real support is the most important thing you can do.
Why You Need an Experienced Philadelphia Juvenile Defense Attorney
The juvenile justice system has its own rules, its own culture, and its own judges. Navigating it successfully requires someone who knows how Philadelphia’s Family Court operates, what prosecutors look for, and how to build a case for your child’s best outcome.
An experienced juvenile defense attorney can:
- Appear with your child at every stage of the process
- Challenge unlawful stops, searches, or interrogations
- Negotiate for diversion or reduced charges
- Advocate for your child’s release from detention
- File for transfer back to juvenile court if adult charges were filed
- Begin building toward expungement when the time comes
Your child’s future is not defined by one mistake. But the actions you take right now — getting qualified legal help immediately — can make all the difference.
If your child has been arrested in Philadelphia, don’t wait. Contact our office today for a confidential consultation. We represent juveniles and their families throughout Philadelphia and the surrounding counties.
