[sharen67]

My question involves juvenile law in the State of: Illinois

My 14 yr old nephew has been arrested with charges of multiple counts destruction of property and one count burglary (the older boy broke into one of the sheds to steal spray paint). By all accounts from the boys involved, my nephew had no knowledge beforehand that the other boys were planning it and took to no part in the damages themselves. But because he was there is being equally charged. He fully cooperated with the police and the states attorney says that he will not seek incarceration for him, that he will probably get a lot of probation, communtiy service and restitution.
First appearance Thursday, the court appoints public defender to nephew and the other younger boy, also 14. (There was a older boy with a previous record being charged as an adult). This is first-ever offense for both, but all counts are felonies. Public defender says he is going to plea not guilty for now. He says he doesn't need to meet with the boys until 15 min before their next appearance. Frankly, he acted like he didn't have time to mess with them.
I am by nature, skeptical and not trusting. This is a small town and some of the properties damaged belonged to upstanding members of the community (teahers, court officers). The judge is saying, he is within the scope of the law to send these boys to state doc juvenile facility and I'm not exaggerating when I say these two boys wouldn't survive that place. These are small town, class clown types that have never been in fights and while guilty as charged are not violent and not tough at all. His mother is out of her mind worried and I don't know what if anything can be done to help him at the moment.
Also, the summons states: "it is in the best interest of the minor that the said minor be ajudged a ward of the Court...petitioner prays that the Court take jurisdiction hereof, that the siad minor be adjudged a ward of this Court". Excuse my ignorance, folks, but is this the same as when the court takes away parental rights? Is the court trying to make him an actual ward of the court as in they could lose him?

Would it benefit them to :
1. hire a private attorney, even though money is tight? If he's cooperated and pleads guilty, could it help in regard to sentencing?
2. sever the cases from the other 14 yr old boy, who actually did do some of the damages? Even though they're charged the same, could the fact he didn't do any damage be considered at sentencing?
3. If he is sentenced to the state juv prison, is there anything at all that can be done to keep him out of there?

Sorry to be so long, thank you for any help at all.

[cyjeff]

1. While a public defender will help your nephew's case, a private attorney will typically provide a much more vigorous defense. I would go with a private if possible.

2. Maybe. However, the attorney would be the person to ask.

3. If the judge assigns a sentence that includes juvy, there isn't a great deal to be done as long as the sentence is within the scope of the penalties allowed.