gettin’ through it

Court Not Always The Option

In Minnesota, juveniles classified as Juvenile Petty Offenders [first-time offenders of petty crimes] are typically diverted from the formal court process. All county attorney offices in Minnesota are required to establish a pre-trial diversion programs.6 Ultimately, the county attorney decides whether a case will be diverted. A diversion opportunity also exists in North Dakota where the decision of whether to divert a case is based upon the seriousness of the offense, the age of the juvenile, previous offense history and the reliability of the evidence in the case.

If the case is diverted, the court may refer the juvenile to drug/alcohol programs, shoplifting classes, individual/ family counseling, cognitive restructuring programs, or to other programs such as restorative justice conferencing or teen court. The law requires that the juvenile admit to the offense and both the juvenile and parents must consent and agree to the conditions for conduct and control set out by the court officer.7

Juvenile Court Eligibility

To be eligible for juvenile court, a person must be considered a “juvenile” under state law. In both Minnesota and North Dakota, the maximum age for being in juvenile court is 17. States also set lower age limits for juvenile court eligibility. In Minnesota, the lower age maximum is 10 and in North Dakota it is 7. In certain circumstances, a juvenile’s case might be transferred to adult court or heard under extended jurisdiction juvenile prosecution. In Minnesota, the court may order a juvenile who was age 14 or older at the time of the offense and who is alleged to have committed a felony level offense, be certified as an adult and tried in criminal adult court. Juveniles convicted of an offense in adult criminal court then receive adult sentences.8 Alternatively, in Minnesota, the prosecutor or the court may decide to have the case heard as an extended jurisdiction juvenile [EJJ] prosecution. Generally, the juvenile would need to be between the age of 14 to 17 at the time of the offense and the charge must be a felony level offense. EJJ cases essentially mean that the juvenile is given both a juvenile disposition and an adult sentence. The adult sentence is stayed – meaning the juvenile is first given an opportunity to complete the terms of the juvenile disposition. If the juvenile fails to complete the juvenile disposition, the adult sentence, which might include incarceration in an adult correctional facility, takes effect.9 In North Dakota, juveniles may be transferred to adult court if over the age of 16. Also, if a juvenile is over the age of 14 and the court has probable cause to believe the juvenile committed certain specific crimes, the case must be transferred to the adult court.10

After The Disposition

In both North Dakota and Minnesota, there are collateral consequences that might affect a juvenile’s future a juvenile is adjudicated delinquent for committing a “crime of violence,” the juvenile is prohibited from possessing a firearm for the remainder of his or her lifetime.12 In North Dakota, a juvenile can be required to register as a sex offender as a result of an adjudication in juvenile court.13

Parents of juveniles that find themselves in the juvenile court system ought to be directly involved in the process. A supportive parent can make all the difference when it comes to the juvenile court process. Legal counsel should be sought to protect the juvenile’s rights and receive advice regarding the alleged offenses, the process, and any and all collateral consequences that might affect the juvenile’s future. Finally, parents should work closely with the juvenile, probation, and an attorney to ensure