Minnesota Juvenile Crimes Lawyer
Generally, Minnesota juvenile courts have jurisdiction over anyone under the age of 18 that has committed a crime. Juvenile courts often seek to correct behavior by providing services to the child and the family. Typically, the goal is to keep the child in the home.
Juvenile Delinquents
Juveniles under the age of 18 that commit criminal acts are often called “delinquents.” Normally, they are viewed as having committed an “act of delinquency” rather than a crime, although normally they are charged on the same statutes that typically apply to adult conduct.
Petty Offenses
There are some offenses that are unlawful for children to engage in but not for adults. Such offenses include curfew violations, and underage smoking. In most cases, these are offenses that are considered “petty offenses” or “status offenses” in Minnesota.
Juvenile Court Penalties
If a child is too young to be charged with an act of delinquency, jurvenile court will nonetheless retain jurisdiction over the child under the theory that he or she is in need of services. Children facing delinquency charges have similar procedural rights as adults, e.g., the right to challenge the use of illegally obtained evidence, the right to proof beyond a reasonable doubt, and the right to an attorney in most cases. For juveniles who are found to be delinquent, there are a number of potential consequences.
Potential consequence include:
- Probation
- Work squad (sentence to service)
- Counseling
- Home detention
- Treatment
- Loss of driver’s license
- Community service
- Restitution
- Out-of-home placement
Out of home placement is the last resort for the juvenile court in most cases. Non-serious offenders are normally given some consequence and services. Even when out of home placement occurs, the goal is to reunited the child with the family. There are different faciilties to place children out of the home for varying lenghts of time depending on the offense and the child’s history and needs.
Extended Juvenile Jurisdiction and Certification as An Adult
The most severe juvenile offenders may be brought under Extended Juvenile Jurisdiction (EJJ) or certified to be tried and punished like an adult. In EJJ cases, the juvnile court retains jurisdiction over the child until he or she is 21 years old with the possibility of adult prison time if there is violation of probation. Children certified as adults face the most severe potential consquences, i.e., prison time. Unlike the typical delinquency case in which the child is tried before a judge, children in EJJ and adult certification cases are entitled to a jury trial.
Children in Need of Protection and Services
Juvenile court has jurisdiction over children in need of protection and services, including very young offenders who are not eligible for being charged with acts of delinquency. Children are also found to be in need of protection or services for various other reasons, such as neglect or abuse. These are referred to as “CHIPS” cases. When a child is found to be in need of protective or services, he or she may be removed from the home in order to protect them. Normally the goal is to reunited the child with his or her family. Only in the most extreme cases of abuse or endangerment does the juvenile sytems seek to terminate parental rights.
Minnesota Juvenile Lawyer And Attorney
If you have a minor child who has been accused of a juvenile crime in Minnesota, you and your child need aggressive and effective representation by your side. You also need counsel in the event you child has been found to be in need of protetction or services, or there is an investigation regarding such possible allegations.
To know and exercise the rights , contact criminal defense James Sheehy at 612-341-1011 for your free consultation. Mr. Sheehy provides his clients with aggressive representation that yields results. Call today and get the excellent representation you need and deserve.