Can my child be tried as an adult?

Yes, under certain circumstances. Most states have mechanisms for transferring juvenile cases to adult court, including judicial waiver (where a judge decides after a hearing), prosecutorial direct file (where the prosecutor has discretion to file in adult court), and statutory exclusion (where state law automatically requires adult court for certain offenses, typically serious violent felonies committed by older teens). Defense attorneys can argue against transfer by presenting evidence of the juveniles amenability to treatment, developmental immaturity, and the appropriateness of juvenile court resources.

Will my childs juvenile record follow them into adulthood?

Juvenile records are generally more confidential than adult records, but they are not automatically erased when a child turns 18. The availability and accessibility of juvenile records varies by state. Some states automatically seal juvenile records at a certain age, while others require a petition to seal or expunge. Certain serious offenses, particularly those resulting in sex offender registration or transfer to adult court, may remain accessible indefinitely. Many states have enacted legislation to limit access to juvenile records for employment and educational purposes. An attorney can advise on the specific procedures for sealing records in your jurisdiction.

Should my child talk to the police?

No. Your child should not speak with police or investigators without an attorney present. Juveniles are particularly vulnerable to coercive interrogation techniques and are more likely than adults to make false confessions. The Supreme Court in J.D.B. v. North Carolina (2011) recognized that a childs age is relevant to the Miranda custody analysis. Many states require parental presence during juvenile interrogations. If your child is questioned, politely but firmly assert the right to remain silent and the right to an attorney. Do not allow your child to sign any statements or waivers.

What happens to my childs education while the case is pending?

Students facing juvenile charges may also face school disciplinary proceedings including suspension or expulsion, particularly for offenses that occurred at school. However, students retain educational rights, including the right to alternative educational services during any period of suspension or expulsion. Students with disabilities have additional protections under the Individuals with Disabilities Education Act (IDEA), including manifestation determination hearings to assess whether the conduct was related to the disability. Your defense attorney should coordinate with the school to protect your childs educational rights throughout the proceedings.

Are there alternatives to detention for juvenile offenders?

Yes, the juvenile justice system offers a wide range of alternatives to secure detention. These include release to parents with conditions, electronic monitoring, day or evening reporting centers, community-based supervision, substance abuse treatment programs, mental health treatment, mentoring programs, restorative justice programs, and community service. Many jurisdictions have implemented evidence-based diversion programs that have been shown to reduce recidivism more effectively than incarceration. Defense counsel should advocate for the least restrictive option that addresses the juveniles needs and protects public safety.

Juvenile Crimes Attorneys

Experienced legal representation for juvenile crimes matters across all 50 states.

Request a Consultation Call: 1-844-6-NWIND-1 (1-844-669-4631)

~424,000

Juvenile Arrests Annually (2021)

Source: Office of Juvenile Justice and Delinquency Prevention

~25,000

Youth in Residential Placement

Source: OJJDP Census of Juveniles in Residential Placement

~3,200

Juvenile Cases Waived to Adult Court (2020)

Source: National Center for Juvenile Justice

~55% within 3 years

Recidivism Rate for Juvenile Offenders

Source: Office of Juvenile Justice and Delinquency Prevention

About Juvenile Crimes

Juvenile crime defense involves representing minors, typically individuals under the age of 18, who are accused of committing criminal offenses or status offenses within the juvenile justice system. The juvenile justice system operates under a fundamentally different philosophy than the adult criminal system, emphasizing rehabilitation and the best interests of the child rather than punishment. Juvenile proceedings are typically conducted in specialized juvenile or family courts, with different terminology, procedures, and outcomes than adult court. Instead of being found guilty, a juvenile is adjudicated delinquent. Instead of a sentence, the court issues a disposition. These distinctions reflect the systems recognition that young people are developmentally different from adults and more amenable to rehabilitation.

Despite the rehabilitative focus, juvenile proceedings can carry serious consequences. A delinquency adjudication can result in detention in a juvenile facility, placement in a residential treatment program, probation, community service, restitution, mandatory counseling, and educational requirements. In serious cases, prosecutors may seek to transfer or waive a juvenile to adult court, where they face the same penalties as adult offenders, including lengthy prison sentences. The Supreme Court has issued landmark decisions recognizing that juveniles possess diminished culpability, including Roper v. Simmons (2005) prohibiting the death penalty for juveniles, Graham v. Florida (2010) prohibiting life without parole for non-homicide juvenile offenses, and Miller v. Alabama (2012) prohibiting mandatory life without parole for juvenile homicide offenders.

Juvenile defense requires understanding not just criminal law but also the developmental science of adolescence, the educational rights of students, and the child welfare system. Many juveniles in the justice system have histories of trauma, mental health challenges, learning disabilities, or involvement with the foster care system. Effective defense involves addressing these underlying factors to advocate for dispositions that promote genuine rehabilitation while protecting the childs future opportunities for education, employment, and a productive adult life.

Why You Need a Juvenile Crimes Attorney

The juvenile justice system exists because society recognizes that children and adolescents are fundamentally different from adults in their decision-making capacity, susceptibility to peer pressure, and potential for change. Brain science research has confirmed that the prefrontal cortex, which governs impulse control, risk assessment, and long-term planning, does not fully develop until the mid-twenties. This biological reality underscores the importance of a juvenile justice system that prioritizes rehabilitation over punishment.

However, the consequences of juvenile adjudication can follow a young person well into adulthood. While juvenile records are generally more confidential than adult records, they are not automatically sealed in every state. A juvenile record can affect college admissions, financial aid, military enlistment, employment, and professional licensing. Transfer to adult court exposes a minor to adult consequences including imprisonment in adult facilities, a permanent criminal record, and sex offender registration. Skilled legal representation is essential to keep cases in juvenile court, advocate for rehabilitation-focused dispositions, and protect a young persons future.

Common Juvenile Crimes Cases

Theft and Shoplifting

Property offenses are among the most common juvenile charges. These range from shoplifting and petty theft to more serious offenses like burglary and auto theft. Dispositions typically focus on restitution, community service, and counseling rather than detention for first-time offenders.

Assault and Fighting

Physical altercations at school, in the community, or online that escalate to physical violence. School-based incidents may involve both juvenile court proceedings and school disciplinary actions including suspension or expulsion. Self-defense and mutual combat are common defense strategies.

Drug and Alcohol Offenses

Possession of marijuana, controlled substances, or alcohol by minors. Many jurisdictions offer diversion programs for first-time juvenile drug offenders that include substance abuse assessment, counseling, community service, and drug testing in lieu of formal adjudication.

Vandalism and Property Destruction

Graffiti, property damage, and criminal mischief charges. These offenses are frequently committed in groups, raising issues of individual versus collective responsibility. Dispositions typically emphasize restitution to victims and community service.

Sexting and Online Offenses

Sharing sexually explicit images involving minors, including self-produced images shared between teens. Some jurisdictions have enacted specific teen sexting statutes that provide alternatives to felony child pornography charges, recognizing the distinction between exploitative conduct and adolescent behavior.

Waiver and Transfer to Adult Court

Cases where prosecutors seek to try a juvenile as an adult due to the severity of the alleged offense, the juveniles age, or prior delinquency history. Defense attorneys must present evidence of the juveniles amenability to treatment and the appropriateness of juvenile court jurisdiction.

School-Related Offenses

Criminal charges arising from conduct at school, including weapons possession, threats, and controlled substance offenses. The school-to-prison pipeline is a significant concern, as zero-tolerance policies can result in criminal charges for conduct that was historically handled through school discipline.

Status Offenses

Offenses that are only illegal because of the persons age, including truancy, curfew violations, running away, and underage drinking. While not criminal offenses for adults, status offenses can lead to court supervision, placement outside the home, and escalating consequences for non-compliance.

Typical Juvenile Crimes Case Timeline

Intake and Detention Hearing

24-72 hours

After arrest, a juvenile is taken to a juvenile detention center where intake staff determine whether to hold or release the youth. A detention hearing before a judge occurs within 24-72 hours to determine whether continued detention is necessary. Defense counsel argues for release to a parent or guardian.

Petition Filing and Arraignment

1-4 weeks

The prosecutor decides whether to file a formal petition (the juvenile equivalent of an indictment) or divert the case. At arraignment, the juvenile is advised of the charges and enters a plea. Defense counsel may negotiate for pre-adjudication diversion at this stage.

Discovery and Investigation

1-3 months

The defense obtains evidence from the prosecution and conducts its own investigation. This may include reviewing school records, mental health evaluations, witness interviews, and obtaining expert assessments of the juveniles developmental and psychological functioning.

Transfer Hearing (If Applicable)

1-3 months

If the prosecutor seeks to transfer the case to adult court, a hearing is held where the judge considers factors including the severity of the offense, the juveniles age and maturity, prior record, and amenability to treatment within the juvenile system.

Adjudication Hearing

3-6 months from arrest

The juvenile equivalent of a trial, conducted before a judge (not a jury in most states). The prosecution must prove the allegations beyond a reasonable doubt. Defense counsel presents evidence, cross-examines witnesses, and argues for dismissal or a finding of not delinquent.

Disposition

2-4 weeks after adjudication

If the juvenile is adjudicated delinquent, the court holds a disposition hearing to determine the appropriate outcome. Options range from probation and community service to residential placement. Defense counsel advocates for the least restrictive disposition that addresses the childs needs.

Know Your Rights

Juveniles have the right to remain silent and should not speak to police without a parent and attorney present. In many states, statements made by a juvenile without parental presence may be inadmissible.
Juveniles have the right to legal counsel at every stage of the proceedings. If the family cannot afford an attorney, one will be appointed by the court.
Juveniles have the right to a hearing on whether they should be detained or released to their parents pending adjudication.
Juveniles have the right to be adjudicated in juvenile court unless the prosecution meets its burden to demonstrate transfer to adult court is appropriate.
The prosecution must prove allegations beyond a reasonable doubt, the same standard as in adult court, as established by In re Winship (1970).
Juvenile records are generally confidential and, in many states, eligible for sealing or expungement upon reaching adulthood or after a period without further offenses.
Parents have the right to be present at all hearings and to participate in the defense of their child, including decisions about disposition and treatment.

What to Look for in a Juvenile Crimes Attorney

Juvenile defense is a specialized area that requires an attorney who understands the unique procedures, rights, and philosophy of the juvenile justice system. Look for an attorney who practices regularly in juvenile court and is familiar with the judges, prosecutors, probation officers, and available programs in your jurisdiction. The attorney should understand adolescent brain development, educational rights under the Individuals with Disabilities Education Act (IDEA), and the child welfare system. Ask about their experience with transfer or waiver hearings if your child faces the possibility of being tried as an adult. The attorney should take a holistic approach that considers not only the legal defense but also the childs mental health needs, educational situation, family dynamics, and long-term development. A good juvenile defense attorney will advocate for dispositions that address underlying issues while minimizing the long-term impact on the childs record and future opportunities.

Questions to Ask Your Juvenile Crimes Attorney

1How much experience do you have specifically in juvenile court, and do you practice there regularly?
2Is there a possibility that my child could be transferred to adult court, and what is your experience with transfer hearings?
3Are there diversion programs available that could resolve this case without a formal adjudication?
4How will this affect my childs school situation, and can you help address any school disciplinary proceedings?
5What is the process for sealing or expunging my childs juvenile record?
6Will you coordinate with any mental health professionals or educational specialists as part of the defense?
7What are the possible dispositions if my child is adjudicated delinquent, and what will you advocate for?

Understanding Juvenile Crimes Legal Costs

Juvenile defense attorney fees vary based on the severity of the charges and the complexity of the case. Many juvenile cases can be handled for flat fees ranging from $2,500 to $7,500 for straightforward matters resolved through diversion or plea agreements. More complex cases involving felony allegations, transfer hearings, or adjudication hearings may range from $7,500 to $25,000 or more. Cases where a juvenile faces transfer to adult court are among the most complex and expensive, potentially exceeding $25,000 due to the need for expert witnesses in adolescent development, psychological evaluation, and educational assessment. Some families qualify for court-appointed attorneys or public defenders. Additional costs may include psychological evaluations, educational assessments, and substance abuse evaluations that support the defense strategy and disposition advocacy.

Key Legal Terms

Video Resources

These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.

Juvenile Justice System Explained

LegalEagle

Can Minors Be Tried as Adults?

Law Venture

What Happens When a Juvenile Is Arrested

Aimee the Attorney

Frequently Asked Questions About Juvenile Crimes

The minimum age for delinquency jurisdiction varies by state. Some states have set minimum ages of 10, 12, or 13, while others have no statutory minimum age. In practice, very young children are rarely formally charged and are more likely to be referred to child welfare or mental health services. The trend nationwide is toward raising the minimum age of juvenile court jurisdiction. Regardless of age, a child should have legal representation if they are the subject of any juvenile court proceeding.

Citations & Sources

[1]
In Roper v. Simmons (2005), the Supreme Court held that the Eighth Amendment prohibits the execution of individuals who were under 18 at the time of their crimes, recognizing the diminished culpability of juveniles. — Roper v. Simmons, 543 U.S. 551 (2005)
[2]
Juvenile arrests have declined by more than 60% since 2006, reflecting changes in policing practices, diversion programs, and juvenile justice reforms nationwide. — Office of Juvenile Justice and Delinquency Prevention, Statistical Briefing Book
[3]
In Miller v. Alabama (2012), the Supreme Court held that mandatory life without parole for those under 18 at the time of their crimes violates the Eighth Amendments prohibition on cruel and unusual punishment. — Miller v. Alabama, 567 U.S. 460 (2012)
[4]
Research on adolescent brain development shows that the prefrontal cortex, responsible for impulse control and decision-making, does not fully mature until the mid-twenties. — National Institute of Mental Health, The Teen Brain: 7 Things to Know
[5]
Black youth are disproportionately represented in the juvenile justice system, making up approximately 35% of juvenile arrests while comprising about 15% of the youth population. — The Sentencing Project, Racial Disparities in Youth Incarceration

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