Top 10 Key Differences Between Adult and Juvenile Criminal Court
The Bruno Law team has extensive experience representing juveniles who have been charged with a crime, ranging from minor traffic matters to serious felonies. Representing juveniles in criminal cases is in many ways different from representing adults.
10 Differences between Adult And Juvenile Criminal Court
1. Complaint vs. Petition
In adult court, a defendant faces charges via a document known as a 'complaint.' In juvenile court, however, the child is charged using a 'petition.'
2. No Juries
In many jurisdictions, including Minnesota, juveniles do not have the right to a jury trial as adults do. Instead, a judge alone determines the outcome. A single judge serves as the fact-finder in juvenile trials, resulting in shorter trial durations. However, the child and their lawyer do not have the advantage of multiple fact-finders, unlike adult trials with juries. The child is still considered innocent until proven guilty, the prosecutor only has to convince one person of guilty beyond a reasonable doubt, verses an entire jury.
3. Conviction vs. Adjudicated Delinquent
Adults found guilty are 'convicted,' while juveniles are declared 'adjudicated delinquent.'
4. Sentence vs. Disposition
In adult cases, sentencing follows a guilty verdict to determine punishment. In juvenile cases, this is referred to as a 'disposition,' which outlines appropriate measures for the child.
5. Where the “Disposition” is held
In adult court the defendant has all of his/her hearings in the county in which they have been charged, which is generally the county in which the offense took place. In juvenile cases, the case is charged in the county where the offense took place and that is where the case will be tried or a plea of guilty will be entered. However, if the child resides in a different county then the “disposition” of the case is generally moved to the county of residence.
6. Rehabilitation vs. Punishment
Juvenile courts emphasize rehabilitation over punishment, focusing on treatment, therapy, and education to help children become responsible adults.
7. More options to prevent “Adjudication”
In adult court there are certain legal concepts that typically only a prosecutor can offer, for example a continuance for dismissal or a stay of adjudication. Both of these legal concepts allows for the person charged with a crime from being convicted of the crime. These are very rare outcomes of cases wherein the prosecutor must agree, and the judge cannot do over the objection of the prosecutor, except in exceptional cases. However, in juvenile court the judge can dispose of a case in either of these ways, even if the prosecutor doesn’t agree.
8. Open vs. Closed Hearings
Adult court hearings are open to the public. Juvenile court hearings, on the other hand, are closed to ensure privacy, involving only the child, their family, lawyers, and relevant personnel.
9. All in the Family
While the client in a juvenile matter is the child, these types of cases generally involve the entire family. Your criminal defense lawyer should be aware that when handling juvenile cases there is more than just the client to interact with. It is important to involve the parents or guardians to help the child follow through on the lawyer's advice. For example, in a drug case the lawyer might recommend a chemical assessment be performed, yet the child might not be able to schedule and attend the necessary meetings without the help of a parent or guardian.
10. Expungements
Minnesota Statute section 260B.198, subd. 6 provides that a juvenile may apply for an expungement “at any time”, whereas in adult court there are many restrictions on how soon one can file for an expungement. As you can see, handling a juvenile criminal case is much different than an adult criminal case. Many criminal defense attorneys seldom handle juvenile cases, and handle them like an adult case, which can be a detriment to the juvenile.
If you or your child is charged with a juvenile crime, you need an experienced criminal defense attorney who is also experienced in juvenile court.
Contact the Bruno Law Team
At Bruno Law, we bring extensive experience in both adult and juvenile criminal law. Our firm is founded on the concept of the importance of family. All of us are parents and will handle your child’s case the way we would want our child represented, with compassion, skill, creativity, and a focus on the best interest of the child.
Our team is passionate about guiding children and their families through legal challenges and helping them build a path toward responsible adulthood. Contact us at Bruno Law for more information about defending a juvenile criminal case.