Warnken, LLC--Maryland Lawyer

Maryland Juvenile Cases

Our Maryland Lawyers have extensive experience with Juvenile Justice. Juvenile Cases in Maryland are slightly different than a traditional criminal case in Maryland Courts, as Juveniles are often treated differently in the eyes of the law. The purpose of juvenile court jurisdiction is to balance public safety, accountability to the victim, and rehabilitation of the juvenile. This is much different than simply punishing a wrongdoer, as is the case in general criminal cases in Maryland.

The juvenile has a right to a Maryland Lawyer at every stage of the proceedings. Warnken, LLC has a great deal of experience with handling Juvenile Cases in Maryland. Below, we give a little bit of specific information about juvenile crime and juvenile cases, but give us a call at 410-262-8341 to talk about the specifics of your case.

Although the Maryland Juvenile justice system makes juveniles under a certain age not subject to criminal jurisdiction, a Maryland Lawyer is still necessary to navigate the process. Juveniles are subject to juvenile jurisdiction for conduct that would be criminal if committed by an adult, but which is considered only a delinquent acts when committed by juveniles, as follows:

The following are methods for determining criminal court jurisdiction versus juvenile court jurisdiction (juvenile justice system):

  • Specific age: The older the individual, the more likely the individual is to be subject to criminal court jurisdiction.
  • Variable of age and the severity of the offense charged: The more serious the offense, e.g., murder or rape versus assault or petty theft, the younger the individual becomes subject to criminal court jurisdiction.
  • Variable of age and the severity of the facts of the particular offense charged: This is typically a balancing of the juvenile's best interest against the best interest of society.

If it is ruled to be a juvenile matter, the Defendant's status and record are deemed non-criminal, e.g., act is deemed to be a delinquent act rather than a criminal act.

Maryland has a two-step process for determining jurisdiction. Step one does not consider the facts of the offense or the background of the offender. Step one determines which court - juvenile or criminal - obtains jurisdiction, and it is resolved by examining the Jurisdictional statute, the Charging document, and the Juvenile's birth certificate. At this stage a Maryland Lawyer, such as an associate of Warnken, LLC, can be helpful.

Once it has been determined, in step one, whether criminal court or juvenile court has jurisdiction, step two determines whether jurisdiction will remain with that court or will go to the other court.

Specific age - The older the individual is the more likely the individual will be subject to criminal court jurisdiction. A person at least 18 years old at the time of the conduct is exclusively in the jurisdiction of criminal court for all offenses. The relevant age is the age at the time of the alleged delinquent act.

  • At least age 16 but less than age 18:
  • A person at least 16 years old at the time of the act is in the jurisdiction of criminal court, subject to a transfer/waiver of jurisdiction, for the following offenses and other charges arising from the same incident. The list consists of actual and attempted felonious crimes against persons, handguns, and traffic offenses. Including, but not limited to, the following: Abduction & kidnapping, Second degree murder, Voluntary manslaughter, Second degree rape, Second & third degree sexual offense, Robbery with a dangerous weapon, Handgun offenses, Carjacking, First degree assault, Attempted second degree murder, Attempted rape, Attempted second degree sexual offense, Attempted robbery with a dangerous weapon, Vehicle & boat offenses.
  • If the defendant is at least age 14 but less than age 18: A person at least 14 years old at the time of the act is in the jurisdiction of criminal court for all offenses that are punishable by death or life imprisonment. Under the age of 14 will be subject to juvenile jurisdiction.

A few other things to note:

  • Juvenile court may waive its jurisdiction, sending the case to criminal court.
  • A juvenile may not be transferred from criminal court jurisdiction to juvenile jurisdiction if, in an unrelated case, the juvenile was charged and convicted of an offense as an adult.
  • Juvenile court resolves cases in a non-jury trial.

Parental consequences: Parents may be required to accept consequences for acts committed by their children such as making restitution, paying for the child's support, and paying a fine up to $2,500 for contributing to juvenile delinquency.

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Call Warnken, LLC at 410-262-8341 to discuss your case.

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. © Byron Warnken