Young people often make mistakes, but that doesn’t mean they should carry the stigma of their juvenile records forever. Attorney Jeff Dean passionately believes that these mistakes should not count against them for the rest of their lives.
When dealing with juvenile cases, a specific set of court procedures known as the Minnesota Rules of Juvenile Procedure comes into play. Therefore, selecting a lawyer who specializes in both juvenile and adult criminal court is crucial for these matters.
If your child has been charged with a crime, get in touch with Attorney Jeff Dean at (612) 305-4360 right away — a reliable ally who will ensure your child’s rights are safeguarded in juvenile court.
Juvenile Offenses
According to Minnesota law, a juvenile is someone aged between 10 and 17. When a juvenile engages in unlawful acts, the legal system treats them differently from adults. The consequences they face will vary depending on the circumstances surrounding each incident, with potential charges ranging from misdemeanors to felonies.
Some of the most frequent types of youth offense include:
- Shoplifting
- Stealing from an employer
- Possession of drugs
- Possession of alcohol or intoxication
- Curfew violation
- Disturbing the peace
- Speeding, reckless, distracted, or driving under the influence
- Obstruction of justice
Instead of branding young offenders with a permanent “conviction,” the justice system in Minnesota labels them as “delinquent” when they’re found guilty or confess guilt for actions that would be considered criminal if committed by an adult. Unlike cases in adult court, where punishment is often the main focus, the aim in juvenile court should be the rehabilitation of these children. At least, that’s how it’s meant to be.
The Implications of Labeling a Minor as Delinquent
Minnesota has a compassionate program called Extended Juvenile Jurisdiction (EJJ) that aims to help young individuals accused of severe crimes. This program provides a unique opportunity for offenders who are at least 14 years old, as they can be closely guided and supported until they turn 21, ensuring that they have the chance to reintegrate into society as law-abiding individuals. Not complying with court orders during this crucial period may result in the possibility of serving time in adult prisons.
Crimes that could make a minor eligible for EJJ in Minnesota are:
- Sex crimes
- Carjacking
- Charges involving weapons
- Aggravated robbery
- Murder or attempted murder
Unfortunately, in some instances, certain prosecutors push for severe “sentences” for delinquent juveniles who have committed specific crimes. What’s even more distressing is that, depending on the child’s age, their case can drag on until their 21st birthday, even though they legally become adults at 18 through the triggering of Extended Jurisdiction Juvenile or EJJ proceedings.
The consequences of being found delinquent are far-reaching and can impact these youngsters well into adulthood, painting their futures in a disconcerting light.
It’s vital to acknowledge that the repercussions faced by young individuals upon being found delinquent can extend far into their adult lives. These consequences encompass accessible criminal records, the burden of being registered as a predatory offender, public prejudices, and damage to one’s reputation, as well as enduring court and other records that may resurface during employment or housing background checks indefinitely.
Will Your Child Be Tried as an Adult?
You may be wondering if your child will be treated as an adult in court. In Minnesota, minors can face charges for felony offenses. Felonies are very serious crimes that come with harsh consequences, but the way they are handled depends on the specific circumstances. It’s important to remember that just because your child has been charged with a felony, it doesn’t necessarily mean they will automatically be treated as an adult.
Instead of solely focusing on the severity of a crime, Minnesota law and prosecutors take into account the specific characteristics of the offense, the age of the child involved, and their criminal history when determining the appropriate charges and penalties for minors. By Minnesota law, there exist three circumstances under which a juvenile can be tried as an adult:
- Murder – Minors who are 16 years old or older accused of murder are mandated to be charged as adults, as outlined by statutory law.
- Previous adult convictions – If a minor has previously been found guilty of a crime in an adult court, regardless of when this occurred, any future criminal case will be handled by the adult court system.
- Discretionary and presumptive waiver – In certain cases, prosecutors have the option to request hearings that determine whether a minor can be certified as an adult. This can be done through either a discretionary waiver, applicable to minors aged 14 and above who commit any offense, or a presumptive waiver, which applies to minors aged 16 and above who commit serious offenses.
It’s important to understand that prosecutors and courts exercise discretion when deciding whether to charge a minor as an adult. They take into careful consideration the unique circumstances of each case before concluding.
Although every juvenile crime case is distinct, there are situations where prosecutors may pursue the certification of a minor as an adult. Such circumstances commonly involve serious crimes, such as sexual offenses, acts of violence, felonies involving firearms, and other offenses that would typically result in prison sentences if an adult were charged.
Can a Minor Offender Be Sentenced to Prison?
Can a young person who has made a mistake be sent to prison? If a minor is found to have committed a crime, they fall under the jurisdiction of the juvenile court. The court has the authority to decide whether the minor should be placed on probation, placed in foster care, sent to a school for juvenile offenders, or even committed to a juvenile detention center.
This detention center, often known as “Juvenile Hall,” is the closest thing to a prison sentence that a young offender can face. Juveniles can be held there until they reach the age of adulthood, which can vary from state to state, sometimes even as late as 21 or 25 years old. In some cases, in states like Minnesota, a minor’s sentence can be deferred until they turn 21.
It is important to remember that these young individuals may have made a mistake, but they still have the potential to grow, learn, and change for the better. It is up to us, as a society, to provide them with the necessary support and guidance they need to become productive members of our community.
In certain circumstances, the court may decide to treat a minor as an adult, which is determined through a certification hearing. If it is proven that handling the case in juvenile court does not adequately ensure public safety, the trial may be moved to an adult court. When a minor is tried as an adult, they may face the possibility of imprisonment.
Certification Hearing
Nevertheless, minors are entitled to a certification hearing, which is a separate process from a regular criminal trial, designed to determine whether they should be treated as adults. Certification trials stand out because they do not assume innocence; minors are essentially regarded as having committed the offense.
Certification hearings are not open to the public and only involve those with a direct interest in the case. Minors have the right to legal representation during the hearing, where they can present evidence, call witnesses, make arguments, and question the state’s witnesses, all to defend their case remaining within the juvenile court system.
Contact a Juvenile Criminal Defense Lawyer
Many youths find themselves in difficult situations due to a lack of awareness about the outcomes of their actions. If your child has been implicated in a crime, it is crucial to recognize the gravity of the situation and ensure you have the best support available. Minneapolis juvenile criminal attorney Jeff Dean has extensive experience defending the rights of juvenile offenders. For empathetic and compassionate guidance regarding your minor’s juvenile criminal charges in Minneapolis, don’t hesitate to reach out. Call us at (612) 305-4360 today.
