How Are Juvenile Criminal Cases Different from Adult Criminal Cases?
In Maryland, criminal cases against minors, or children and teens under the age of 18, are handled much differently than similar cases involving adult defendants. First, rather than being charged with “crimes,” minors are charged with “acts of juvenile delinquency” when they allegedly commit offenses that would otherwise be characterized as “crimes.” Additionally, minors are referred to as “respondents,” rather than “defendants,” and they are not “convicted” but are instead considered “adjudicated delinquents” when they are found to have committed the offense for which they are facing legal proceedings.
Most importantly, the goal of the juvenile delinquency system is not to punish minors who are found to be adjudicated delinquents; the goal is to rehabilitate, treat, and guide these individuals so that they can move forward with their lives in a positive way.
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"Christian took care of my case and got me the best possible outcome."He communicated with me the entire time and made sure I understood what was happening throughout the case.- Former Client
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Do Minors Have to Go to Court?
In many cases, juvenile delinquency complaints are successfully resolved outside of the juvenile court system. The Maryland Department of Juvenile Service (DJS) offers counseling, treatment, and other rehabilitative services for minors who have been arrested or accused of committing acts of delinquency. When appropriate, juveniles can attend these programs in place of going to court.
However, in some cases, the DJS will refer complaints to the State Attorney’s Office, which authorizes a delinquency petition to be filed with the juvenile court. In other words, the underage respondent will have to go to court.
This often occurs when:
- The minor has had previous interactions with law enforcement
- The minor has previously been found to be an adjudicated delinquent
- The offense is particularly serious in nature
Children and teens under the age of 18 can face juvenile court proceedings any time they are accused of breaking the law. If you or your child is in such a situation, reach out to our Annapolis juvenile defense attorney now to learn how we can help.
Can a Minor Be Detained?
While it doesn’t always happen, a minor who has been accused of breaking the law can be placed in detention. In many cases, children and teens are released into their parents’ custody, or the custody of an appropriate guardian or custodian. When this happens, the minor will be summoned to appear at an arraignment hearing. There, the judge will explain the charges and, if the minor does not have a lawyer, appoint a public defender to represent them.
However, if there is reason to believe the minor will not appear at the arraignment hearing, or if there is reason to believe the minor is dangerous to him/herself or others, they may be detained. To do this, the State’s Attorney must file a delinquency petition. Then, a Detention/Shelter Care hearing will be held within 24 hours. At this hearing, a judge will determine whether to grant the continued detention of the minor or to release them into their parents’, guardians’, or custodians’ custody.
When deciding, the judge looks at a variety of factors, including but not limited to:
- The DJS’s and law enforcement’s recommendations
- The severity of the alleged offense/delinquent act
- The likelihood that the minor will return to court
- Whether the minor is a danger to him/herself or others
- Whether the minor has a prior record
- How cooperative the minor and/or minor’s family has been
- Whether it was difficult to find/arrest the minor
- Whether it is safe for the minor and others in the household for the minor to go home
- If the minor’s parents, guardians, or custodians are willing to take them home