Having a juvenile case in adult court is scary.
When we think of children breaking the law, we often imagine a system designed to correct behavior rather than punish it. We think of second chances. However, in Maryland, there are specific circumstances where a minor can face a judge in an adult courtroom. Understanding when and why this happens sheds light on the complex balance between protecting the public and rehabilitating young people.
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The Goal: Rehabilitation Over Punishment for Juveniles in Adult Court
To understand why a juvenile might end up in adult court, we first have to look at what the juvenile system is supposed to do. Unlike the adult criminal system, which focuses heavily on punishment and deterrence, the juvenile system in Maryland is built on the concept of rehabilitation. The stated purposes include providing care, protection, and wholesome development, while balancing public safety and accountability (Md. Code, Courts & Judicial Proceedings § 3-8A-02).
In juvenile courts, children aren’t “convicted” of crimes; they are “adjudicated delinquent.” They aren’t “defendants”; they are “respondents.” These differences in language reflect a core philosophy: the system aims to provide care, treatment, and guidance. The goal is to help the child become a responsible member of society, while still holding them accountable for their actions. Courts must also seek to conserve and strengthen family ties and separate a child from their parents only when necessary for welfare or public safety (§ 3-8A-02).
When the Rules Change for Juveniles in Adult Court
Despite this focus on rehabilitation, the law recognizes that some offenses are too serious for the juvenile system to handle alone. In Maryland, statutes set out specific factors that determine if a case may move to adult court, primarily revolving around the child’s age and the severity of the alleged crime.
Generally, if a child is 15 or older — or if they are charged with a crime that, if committed by an adult, would be punishable by life imprisonment — the case can be considered for transfer to adult court (Md. Code, Courts & Judicial Proceedings § 3-8A-06). If a youth is 16 or older and charged with certain serious crimes, such as carjacking, first-degree assault, abduction, or robbery with a dangerous weapon, the case may start directly in adult court (§ 3-8A-03). Similarly, a 14-year-old charged with a crime carrying a potential life sentence may also face adult legal proceedings.
The Waiver Process: Deciding the Court
The movement between juvenile and adult court often happens through a process called a “waiver hearing.” This is where a judge decides, based on statutory criteria, which system is best equipped to handle the specific case. The relevant laws are found primarily in Md. Code, Courts & Judicial Proceedings § 3-8A-06.
There are two directions this can go:
- Waiver Up: The juvenile court may waive jurisdiction and send a case to adult court if the child is at least 15, or charged with an act punishable by life imprisonment. The waiver can only occur after a proper hearing and only if the court determines, by a preponderance of the evidence, that the child is not fit for juvenile rehabilitative measures (§ 3-8A-06).
- Waiver Down: If the case is automatically filed in adult court due to the charges or age, the youth can ask the adult court to transfer (“waive down”) the case back to juvenile court. There are exceptions; for example, 16- and 17-year-olds charged with first-degree murder are not eligible for waiver down (Md. Code, Criminal Procedure § 4-202).
When making these decisions, judges must look at several specific factors listed in § 3-8A-06(e):
- Age: How old is the young person?
- Mental and Physical Condition: Does the child have specific needs or challenges?
- Amenability to Treatment: Is the youth likely to respond to treatment and programs in the juvenile system?
- Nature of the Offense: The crime’s seriousness and the youth’s role in it.
- Public Safety: Whether the community would be at risk if the matter stays in juvenile court.
Want some more general information on juvenile law in Maryland? Read our post here.
Outcomes and Consequences
If a youth is tried as an adult, they face the possibility of adult penalties — including lengthy prison sentences that are fundamentally different from the treatment-focused dispositions available in juvenile court (§ 3-8A-19). In juvenile court, instead of a criminal sentence, a “disposition” is imposed, with options like probation, placement in a treatment program, or commitment to the Department of Juvenile Services.
Even if charged and tried as an adult, most youth (except for certain serious crimes) may seek transfer back to juvenile court, where the focus is on care, treatment, and rehabilitation (Criminal Procedure § 4-202). However, eligibility for “waiver down” is limited for offenses like first-degree murder.
Protections for Young People
Even when facing serious charges, children have important rights under Maryland law, including the right to counsel at every stage of a delinquency proceeding (§ 3-8A-20). If the child or family cannot afford an attorney, the Office of the Public Defender is required to provide one. Juvenile proceedings must also afford due process rights such as notice of charges, the right to confront witnesses, and the privilege against self-incrimination ([see In re Carter, 20 Md.App. 633 (1974); In re Winship, 397 U.S. 358 (1970)]).
The law also contains strong protections against placing children in adult jails or penal institutions, unless specifically permitted by statute after a transfer to adult court (§ 3-823; § 3-8A-15).
Striking a Difficult Balance
The question of whether to try a juvenile as an adult is never simple. It sits right at the intersection of two competing values: the need to keep the public safe from violent crime and the belief that children are capable of rehabilitation.
While the adult system can impose punishment proportional to the gravity of certain crimes, the juvenile system keeps the door open for change and growth. By carefully weighing factors like age, mental health, and the nature of the offense (as required by § 3-8A-06), courts seek to protect the community while preserving the possibility of a future for the young offender.
Free Consult for a Juvenile Case in Adult Court in Maryland
We offer free consultations for parents who have juvenile family members in adult court.
You can call us 24/7 at 301.513.7832 or fill out our online intake form here. Once completed, an attorney will call you in fifteen minutes.
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