MINNEAPOLIS JUVENILE JUSTICE ATTORNEY
Hire a Juvenile Defense Attorney that Gets Results
Juvenile Law in Minnesota
In Minnesota, the juvenile justice system is designed to address criminal offenses committed by individuals under the age of 18. Your son or daughter may be facing a juvenile offense for violating curfew, drinking/smoking underage, missing school, fighting at school, driving without a license, or drinking and driving, for example. The focus in juvenile court is placed on rehabilitation and intervention. While the punishments tend to be more lenient in the juvenile justice system, your child could still be facing juvenile detention or be brought to adult court, where the punishments are much more severe. If your child is facing a juvenile offense, it's important to navigate these proceedings with the legal expertise of an experienced juvenile defense attorney. We understand how to protect your child’s rights and ensure that they are reaching the best possible outcome in their case. Call Lushanko Law today at 952-818-6376 for a free consultation regarding your child’s juvenile offense.
Key Differences Between Juvenile and Adult Court
Juvenile and adult criminal law in Minnesota differ in several key aspects. Below are a some of the key differences between the two:
COURT TERMINOLOGY
When a judge finds that a juvenile has committed a violation of law, they are not “convicted” of the offense, but instead, the court calls it “adjudicated delinquent.” After a juvenile is adjudicated delinquent, the court has a “disposition” hearing as opposed to a “sentencing.” At a disposition hearing, the judge will determine the best course of action for the juvenile, which may include probation or juvenile detention.
NO JURY TRIALS
In adult court, defendants have the right to a jury trial, where jurors decide whether they are innocent or guilty. In juvenile proceedings, trials are conducted in front of a judge. The judge acts as the finder of fact and determines guilt or innocence.
SENTENCING AND DISPOSITION
The juvenile system uses dispositions aimed at rehabilitation. Juveniles may be placed on probation, sent to juvenile detention facilities, or receive other rehabilitative measures. Unlike adult court, dispositions in juvenile court typically do not include adult jail or prison time. It is also far less likely for a juvenile to be incarcerated upon disposition due to the focus on rehabilitation as opposed to punishment.
DISPOSITION LOCATION
Similar to adult court, the proceedings in a juvenile case will take place in the county where the offense was alleged to have been committed. However, unlike adult sentencing hearings, the juvenile’s disposition hearing is held in the county they reside in. By holding disposition hearings in the juvenile's home county, the court can take into account the local resources and support systems available for rehabilitation.
CLOSED COURTROOMS
Unlike adult court proceedings, juvenile hearings are closed to the public. However, this does not include family members of the juvenile.
PRIVATE RECORDS
Unlike adult court records, juvenile records are often not accessible to the general public. Law enforcement, juvenile justice professionals, and certain government agencies may have access for specific purposes, but public access is typically restricted. The confidentiality of juvenile records aims to eliminate the negative affects it could have on the young individual in the future.
When can a Juvenile be tried as an Adult?
Under certain circumstances, a juvenile can be tried as an adult and face adult-level punishments. Specifically, under MN statue 206B.125 a juvenile may be tried as an adult if they are 14 years or older and are alleged to have committed a felony-level offense that is considered a "crime of violence" or an offense that would be a felony if committed by an adult. To send a juvenile case to adult criminal court, the prosecutor will file a motion for certification with the juvenile court requesting extended juvenile jurisdiction. A hearing will then be conducted where the prosecutor and the juvenile’s attorney make arguments to the court. The judge will decide whether to keep the case in juvenile court or certify it to adult court. There are a number of factors the judge will consider when making this decision, including the following:
Seriousness of the offense;
Culpability and participation of the juvenile in the alleged offense;
The juvenile’s prior delinquency record;
Prior willingness to participate in programming; and
Adequacy of punishment available in juvenile court.
Under certain circumstances, it is presumed that a juvenile’s case will be certified to adult court. These circumstances include the following:
The juvenile was 16 or 17 years old at the time of the offense;
The offense alleged to have been committed carries a presumptive commitment to prison if committed by an adult; and
A firearm was used while committing the offense.
If a juvenile’s case is presumed to be certified to adult court, the burden falls on the juvenile and their attorney to demonstrate, by clear and convincing evidence, that keeping the case in juvenile court serves public safety.
