Frequently Asked Questions
Juvenile Delinquency

1. What is a juvenile delinquency case in Minnesota?

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In Minnesota, a juvenile delinquency case typically involve a minor (under the age of 18) who is accused of committing a criminal act. Instead of being charged in adult court, the case is typically handled in juvenile court, where the focus is on rehabilitation and intervention rather than punishment. 

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In some instances, a prosecutor may seek to certify a juvenile as an adult and seek to proceed in adult court with adult consequences or seek to certify a child in Extended Juvenile Jurisdiction, which is a hybrid of juvenile court and adult court. These are very intricate procedures and should be handled with care and by an attorney who has experienced in juvenile delinquency matters.

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2. What happens during a juvenile delinquency case in Minnesota?

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A juvenile delinquency case in Minnesota generally follows these steps:

1. Allegation & Investigation: If law enforcement believes a juvenile has committed a crime, an investigation is conducted, which may include interviews with the juvenile, witnesses, and evidence collection.

2. Detention Hearing: If the juvenile is arrested, a detention hearing will be held to determine whether the juvenile should remain in custody or be released to parents/guardians.

3. Adjudication Hearing: This is similar to a trial in adult court. The judge will decide whether the juvenile is guilty or not guilty of the delinquent act. There is no jury in juvenile court.

4. Disposition Hearing: If the juvenile is found guilty, a disposition hearing will follow to determine the appropriate consequence, which could include probation, counseling, community service, or placement in a juvenile facility.
    

3. Will a juvenile delinquency case appear on my child’s permanent record?

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In Minnesota, juvenile delinquency cases typically do not result in a permanent criminal record if the juvenile is not convicted of a felony. However, if a juvenile is adjudicated delinquent (found guilty), a record of the case will exist.

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Expungement options:
Minnesota law allows for the expungement of juvenile delinquency records under certain conditions. If your child successfully completes their sentence and demonstrates rehabilitation, they may be eligible to have their juvenile record sealed.

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4. Can my child be tried as an adult in Minnesota?

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In certain serious cases, a juvenile in Minnesota can be charged as an adult. This is known as a blended sentence or certification for adult prosecution. Generally, this is reserved for juveniles aged 16 or older who have committed serious offenses, such as murder or violent crimes.

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However, the decision to try a juvenile as an adult is made by the court based on factors like:

• The severity of the crime.

• The juvenile’s prior criminal history.

• Whether the juvenile is perceived as a threat to public safety.
   

An attorney can help advocate for your child and potentially prevent them from being tried as an adult.

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5. What are the possible outcomes in a juvenile delinquency case?
 

The consequences of a juvenile delinquency case in Minnesota can vary depending on the offense, the juvenile’s history, and the court's decision. Common outcomes include:

• Probation: The juvenile may be placed on probation and required to meet certain conditions, such as attending school, maintaining good behavior, or completing community service.

• Restitution: The juvenile may be required to compensate the victim(s) for damages or losses incurred as a result of the offense.

• Juvenile Detention: In more serious cases, the juvenile may be placed in a juvenile detention facility for a period of time.

• Diversion Programs: These programs focus on rehabilitation and may include counseling, community service, or educational programs to address the underlying issues contributing to delinquent behavior.

• Commitment to a Juvenile Facility: In the most severe cases, a juvenile may be committed to a residential treatment facility or a juvenile corrections facility for long-term rehabilitation.
   

6. Can I get my child out of juvenile detention while awaiting trial?

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In Minnesota, a detention hearing is held shortly after a juvenile is arrested to determine whether they should remain in custody or be released to their parents or guardians. In many cases, the court may allow for release on conditions such as electronic monitoring, home detention, or the requirement that the juvenile attends counseling or school. The court will continue to address a child's detention status throughout the course of the case.

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If your child is detained, a juvenile defense attorney can advocate for their release or for alternative measures to avoid detention while awaiting trial.

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7. How can a juvenile defense lawyer help in a delinquency case?

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A juvenile defense attorney plays a crucial role in ensuring that your child’s rights are protected throughout the legal process. They can:

• Provide legal advice on the charges and potential consequences.

• Advocate for the best possible outcome during hearings, including seeking a diversion program or alternative sentencing.

• Negotiate with prosecutors to reduce charges or pursue alternatives to detention.

• Help with expungement if your child successfully completes their sentence and is eligible to seal their record.
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Having an experienced juvenile defense lawyer can make a significant difference in achieving a fair and just outcome for your child.

Disclaimer:

The information provided on this website is for general informational purposes only and is not intended as legal advice. Viewing or reading the content on this site does not create an attorney-client relationship. If you need legal advice or representation, please contact an attorney directly.