When a child under 18 faces criminal charges in Maryland, the experience can be overwhelming for the entire family. The juvenile legal system operates differently from the adult criminal system, with unique goals, procedures, and terminology. Understanding this landscape is the first step toward protecting your child’s future. This guide provides an overview of Maryland’s juvenile justice system and explains why the guidance of an experienced Maryland juvenile lawyer is so important.

The primary goal is not punishment but rehabilitation. The system aims to address the root causes of a youth’s actions while also ensuring public safety. It focuses on competency development and holding the child accountable to the community and any victims. For parents, navigating this process requires a clear understanding of your child’s rights and the legal journey ahead.

The Purpose of the Juvenile System: A Maryland Juvenile Lawyer’s Perspective

Maryland’s juvenile justice system operates under a philosophy of “balanced and restorative justice.” As outlined in Md. Code, Courts and Judicial Proceedings § 3-8A-02, this approach balances three key objectives for children who have committed what are known as “delinquent acts”:

1. Public Safety: Protecting the community from further offenses.
2. Accountability: Ensuring the child takes responsibility for their actions toward both the victim and the community.
3. Competency Development: Helping the child develop the character and skills needed to become a responsible member of society.

Unlike the adult system, which focuses on punishment, the juvenile system, managed by the Department of Juvenile Services (DJS), emphasizes rehabilitation and support. This means that instead of a “conviction,” a child is “adjudicated delinquent.” Instead of a “sentence,” the court issues a “disposition” intended to provide guidance, treatment, or rehabilitation. An experienced Maryland juvenile lawyer can help ensure the focus remains on your child’s well-being and future, rather than just the offense itself.

Who is Considered a Juvenile in Maryland?

In Maryland, a “child” is anyone under 18. However, the juvenile court’s jurisdiction is subject to specific age-related rules. According to Md. Code, Courts and Judicial Proceedings, § 3-8A-03, the juvenile court generally handles cases involving:

• Children aged 13 or older who are alleged to have committed a delinquent act.
• Children aged 10 to 12 are alleged to have committed very serious offenses, such as a crime of violence, a handgun violation, or a third-degree sexual offense.
• Children in need of supervision (CINS), including issues such as truancy or running away.
• Children who are respondents in a peace order proceeding.

It is critical to note that children under 10 cannot be charged with a crime in Maryland. Depending on the severity of the offense and the child’s history, some older teens may have their cases transferred to the adult criminal court. This is a serious step with lifelong consequences, making early legal intervention from a qualified Maryland juvenile lawyer essential.

The Juvenile Justice Process: From Intake to Petition

The journey through Maryland’s juvenile justice system begins when a complaint is filed against a child. This can come from a police officer, a citizen, or even a school. The first stop is a Department of Juvenile Services (DJS) intake office.

The Intake Process and Your Maryland Juvenile Lawyer

The intake process is a crucial stage where a DJS intake officer investigates the complaint. Under Md. Under Code, Courts and Judicial Proceedings § 3-8A-10, the officer has 15 days to determine whether the juvenile court has jurisdiction and whether court action is in the best interests of the child and the public. During this inquiry, the officer considers the child’s age, prior record, home environment, and school history.

Following the inquiry, the intake officer has three main options:

1. Deny Authorization: The officer can close the case if it lacks legal sufficiency or if court intervention is deemed unnecessary. The matter may be resolved with a warning or a referral to community services.
2. Propose an Informal Adjustment: If the child and their parent/guardian consent, the case can be handled outside of court. This may involve community service, counseling, or restitution, and typically lasts no more than 90 days.
3. Authorize a Petition: If the matter is serious or cannot be resolved informally, the intake officer refers the case to the State’s Attorney’s Office, which can then file a formal petition with the juvenile court.

A Maryland juvenile lawyer can engage with the DJS intake officer on your behalf during this preliminary phase. An attorney may present mitigating factors and advocate for an informal adjustment or a denial, potentially keeping the case out of court altogether.

What Happens When a Case Goes to Juvenile Court?

If a petition is filed, the case proceeds to juvenile court. There are several key hearings in this process, and a judge or family magistrate, not a jury, will hear the case.

• Preliminary Hearing: The child and parents are formally informed of the charges in the petition. The court also ensures the child has legal representation.
• Adjudicatory Hearing: This is the equivalent of a trial. The State’s Attorney presents evidence to prove the allegations in the petition. Your Maryland juvenile lawyer will challenge the state’s evidence, cross-examine witnesses, and present your child’s side of the story. The judge then decides if the child is “delinquent.”
• Disposition Hearing: If the child is adjudicated delinquent, this hearing determines the outcome. The judge considers recommendations from DJS, the State’s Attorney, and your child’s lawyer to create a treatment or rehabilitation plan. Dispositions can range from probation at home to placement in a DJS-supervised facility.

Your lawyer’s role is vital at every stage. They will protect your child’s constitutional rights, build a strong defense for the adjudicatory hearing, and argue for a disposition that serves your child’s best interests, focusing on rehabilitation over punitive measures.

The Critical Role of a Maryland Juvenile Lawyer

Navigating the complexities of the juvenile justice system is a daunting task for any parent. The stakes are incredibly high, as an adjudication of delinquency can affect a child’s educational opportunities, future employment, and personal freedom.

A knowledgeable Maryland juvenile lawyer provides more than just legal representation. They act as your family’s advocate, guide, and defender. By hiring an attorney, you ensure that:

• Your child’s rights are protected at every turn.
• You have a clear understanding of the process and your options.
• A professional is fighting for the best possible outcome, whether that’s a case dismissal, an informal adjustment, or a fair disposition focused on rehabilitation.

Free Consult for Maryland Juvenile Law Cases

If your child is facing legal trouble, do not wait. Contacting a Maryland juvenile lawyer as soon as you are aware of a complaint provides the best opportunity to influence the process positively and safeguard your child’s future.

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 within fifteen minutes.