What Category of Offender a Child Falls into in Minnesota Juvenile Court May Make All the Difference
The Categories of Juvenile Offenders
The Minnesota Juvenile Justice System covers children under the age of 18. While the supposed goal of the System is to help children develop responsibility for their behavior and help rehabilitate them, some of the consequences can be particularly severe and can have life long consequences. Based primarily upon the nature of the conduct involved, a juvenile offender will fall into one of the following categories:
Delinquents:
A delinquency designation applies to children under the age of 18 who commit acts which would be considered unlawful if committed by an adult. This category excludes certain offenses and all petty offenses. See Minnesota Statute § 260B.007, subd. 6. A child facing a delinquency designation is entitled to effective assistance of counsel at any delinquency hearing. Cases involving children under the age of 10 are handled as civil CHIPS hearings.
Petty offenders:
A Petty Offender designation applies to children under 18 who commit acts that are unlawful for them but not for adults, such as curfew violations, underage drinking, and smoking. This also applies to petty misdemeanors and juveniles charged with their first or second nonviolent misdemeanors offense, except certain designated offenses. See Minn. Stat. § 260B.007, subd. 16.
Juvenile traffic offenders:
A Juvenile traffic offender designation applies to children under 18 who violate Minnesota traffic laws. See Minn. Stat. § 260B.225. There are certain of these offenses that may be handled in adult court depending upon the charge and the age of the child.
Juveniles Certified to Adult Court:
If a child over the age of 14 but under 18 is accused of a dangerous offense and/or has a prior record, the court may decide to handle the charge in adult court. However, there is a very specific process that must take place for this to happen. A juvenile court judge must first determine whether probable cause exists to believe that the child committed a felony-level offense. Next, the Court must decide whether or not public safety is best served by keeping the case in juvenile court. A prosecutor must then file a motion to certify the child to adult court for criminal prosecution and has the burden of proof. A hearing is required. If certified as an adult, the child may be treated like an adult defendant.
For children 16 and older who are either particularly dangerous and/or are repeat offenders, the burden may shift to the child to convince the court not to certify the case to adult court. Minnesota Statute § 260B.125. A child facing a a possible certification is entitled to effective assistance of counsel. For more on adult certification, see Minnesota Juvenile Court is not Child’s Play. It can end with an Adult Conviction.
Extended Juvenile Jurisdiction (EJJ):
If a child 14 years or older but younger than 18 commits a felony-level offense, they could face EJJ certification. Such a designation would extend the time of jurisdiction over the child until the age of 21. Conviction of the offense under EJJ results in a juvenile court sentencing and a stayed adult court sentencing, to be imposed if the child fails to satisfy sentencing conditions. Essentially, a Court can give a child a juvenile court sentence and stay an adult criminal sentence. See Under Minnesota Statute § 260B.130. If the child fails to fulfill all obligations, the Court can later impose the sentence and the child can be sent to adult prison. A child facing EJJ is entitled to effective assistance of counsel as well as a jury trial. EJJ has some positives under certain circumstances but also some very strong downsides.
Juveniles over 16 charged with first-degree murder:
If a child 16 and over is charged with first-degree murder, they can be convicted in adult court without first having to go through a juvenile court certification process. The child’s previous criminal record is irrelevant to the automatic certification. See Minnesota Statute § 609.055.
Jack Rice Defense Will Stand with You and Your Child.
Because juvenile cases can be so complicated and have both juvenile and adult components, it is important to sit down with a qualified Juvenile Crimes Lawyer and Board Certified Criminal Law Specialist to understand what your child may be facing. Depending up on the charge, even if this is a first offense, your child may end up with an adult record. Don’t hesitate to give Jack Rice Defense a call. Jack is a Board Certified Criminal Law Specialist, is a former juvenile prosecutor, and is prepared to stand shoulder to shoulder with you and your family.