How Does Juvenile Court Work?
When someone under 18 is accused of breaking the law, the case is usually handled in a state juvenile or family court as a "delinquency" case rather than an adult criminal case. Typical steps are a detention hearing if the youth is held, a hearing where a judge (not a jury) decides whether the allegations are true, and a disposition hearing where the judge decides on consequences such as probation, treatment, or placement in a juvenile facility. Procedures and deadlines vary by state; federal juvenile cases are rare and are usually turned over to the state.
What the law says
- Under federal law, a "juvenile" is a person who has not reached their eighteenth birthday, and "juvenile delinquency" is a violation of federal law by a person before their eighteenth birthday that would have been a crime if committed by an adult; for proceedings about an alleged delinquent act, the age limit is the twenty-first birthday. 18 U.S.C. 5031 (via govinfo.gov, U.S. Code 2023 edition)
- A juvenile generally cannot be proceeded against in federal court unless the Attorney General certifies that the state court lacks or refuses jurisdiction, the state lacks adequate juvenile programs, or the charge is a qualifying violent felony or listed drug or firearm offense with a substantial federal interest; otherwise the juvenile is surrendered to state authorities. 18 U.S.C. 5032 (via govinfo.gov, U.S. Code 2023 edition)
- In federal court, a juvenile 15 or older charged with a qualifying felony may be transferred for adult prosecution on the government's motion if the court finds after a hearing that transfer is "in the interest of justice" (13 or older for certain listed offenses); factors include age and social background, the offense, prior record, maturity, past treatment, and available programs. 18 U.S.C. 5032 (via govinfo.gov, U.S. Code 2023 edition)
- Example (New Jersey): delinquency applies when someone under 18 breaks the law, and cases are usually heard in family court; an informal juvenile conference committee or intake services conference may set conditions such as curfews, counseling, or community service, and if they are met the case could be dismissed. New Jersey Courts, Juvenile Delinquency (self-help)
- Example (New Jersey): if a juvenile is detained, a hearing occurs by the end of the next day; bail is not available for juveniles; and a parent or guardian must attend all hearings. New Jersey Courts, Juvenile Delinquency (self-help)
- Example (New Jersey): if the case is heard before a judge, the child must have an attorney; a family that cannot afford one may qualify for a public defender by requesting an "application for assignment of counsel" from the local family court. New Jersey Courts, Juvenile Delinquency (self-help)
- Example (San Bernardino County, California): if a minor is held in juvenile hall, the first court appearance is a detention hearing, where the court appoints an attorney (unless the minor has one) and decides whether holding the minor is necessary; "there is no opportunity for a minor to request and post bail in juvenile court." Superior Court of California, County of San Bernardino, Juvenile Delinquency Hearings
- Example (San Bernardino County, California): the jurisdiction hearing must be held within 15 court days after the detention hearing if the minor is detained, or within 30 calendar days after arrest if not, unless the minor agrees to more time. "There are no juries in juvenile delinquency court"; the judge decides whether the allegations are true. Superior Court of California, County of San Bernardino, Juvenile Delinquency Hearings
- Example (San Bernardino County, California): before disposition, a probation officer prepares a "social study" of the minor; options include dismissing the case, six months of informal probation, or making the minor a ward of the court, with possible orders ranging from home probation to placement in a facility. Parents may have to pay fines or restitution. Superior Court of California, County of San Bernardino, Juvenile Delinquency Hearings
- Example (Alaska): if a juvenile is found delinquent, a disposition hearing is held, usually after a predisposition report; options are probation, institutionalization in a juvenile facility, or treatment. Supervision ends when the court's terms are completed or the juvenile "ages out" at 19, extendable to 20 with the juvenile's agreement. Alaska Court System, After Juvenile is Found Delinquent
- Example (Alaska): a juvenile may appeal to a higher court on grounds such as procedural error, violation of constitutional rights, or insufficient evidence, and courts automatically review placements once a year. Alaska Court System, After Juvenile is Found Delinquent
FAQ
Is there a jury in juvenile court?
Generally no. San Bernardino County's court says there are no juries in juvenile delinquency court and the judge decides whether the allegations are true; Alaska's courts also say there is no jury at the disposition stage.
Can a juvenile get bail?
In the examples reviewed, no. New Jersey's courts say bail is not available for juveniles, and San Bernardino County's court says a minor cannot request and post bail in juvenile court; instead, a judge decides at a detention hearing whether the youth stays in custody.
Does my child get a lawyer?
In New Jersey, a child must have an attorney if the case is heard before a judge, and a public defender may be available. In San Bernardino County, California, the court appoints an attorney at the detention hearing if the minor does not have one.
Do parents have to go to juvenile court?
New Jersey's courts say a parent or guardian must attend all hearings. In San Bernardino County, parents may be responsible for paying fines and restitution.
Can a juvenile be tried as an adult?
Yes, in some cases. In federal court, a juvenile 15 or older (13 for certain listed offenses) charged with a qualifying felony may be transferred to adult prosecution if a court finds it is in the interest of justice. State transfer rules differ.
What can happen if a juvenile is found delinquent?
New Jersey's courts list fines, community service, probation supervision, deferred disposition, or confinement in a juvenile facility. Alaska's courts list probation, institutionalization, or treatment.
Related
- Can Criminal Charges Be Dropped?
- Do I Need a Lawyer for a Misdemeanor?
- Federal Drug Charges: Penalties and Mandatory Minimums
- Federal Gun Charges: Felon in Possession, 924(c), and Penalties
- Federal vs. State Crimes: What's the Difference?
- How Long Does a Felony Stay on Your Record?
- How Much Does a Criminal Defense Lawyer Cost?
- How Do Plea Deals Work?
- How to Appeal a Criminal Conviction
- How to Get a Public Defender
- Illegal Reentry After Deportation: Federal Charges and Penalties
- Should You Talk to Police Without a Lawyer?
- What Happens After an Arrest?
- What Is a Bench Warrant?
- Misdemeanor vs. Felony: What's the Difference?
- What Is an Arraignment?
- What Is Extradition?
- What Is Mail Fraud?
- What Is Wire Fraud?
- What to Do If You Have a Warrant
- Criminal Law by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.