How is the Juvenile System Different?

There are several important differences between the juvenile justice process and the adult criminal justice system. For example, a criminal complaint is filed by the prosecutor, but anyone can initiate a juvenile complaint. One common source of complaints is school administrators. 

 

In the juvenile system, filing of a complaint doesn’t necessarily mean charges and a court proceeding. The next step is typically for a juvenile court counselor to meet with the juvenile and their parents. After this meeting, the counselor will decide whether to dismiss the complaint, divert the complaint (meaning a non-court solution, such as community service or a counseling program), or file a petition.

 

While statements made during this meeting can’t be used as evidence in a later court proceeding, the counselor's impressions during the meeting will typically have a significant impact on the counselor’s decision about the next steps. 

 

If the charge is a felony, a probable cause hearing must be scheduled within 15 days of the first appearance. Many people mistakenly assume that the probable cause hearing is a formality. However, this hearing can play an important role in a juvenile justice attorney’s strategy. Depending on the situation, it may be best to waive the hearing, or to use the hearing to gather information, or to push for dismissal of the charges for lack of probable cause. This is a decision best made by an attorney experienced with the juvenile justice system. 

Rights in a Juvenile Justice Proceeding

 

In North Carolina, juveniles have many of the same protections as adult defendants. They have a right to receive written notice of the charges against them, the right to counsel, and the allegations must be proven beyond a reasonable doubt. One significant difference is that the juvenile does not have a right to a trial by jury. Instead, the case is determined by a judge in an adjudicatory hearing. 

Custody and Detention

 

A juvenile may be removed from the home while a petition is pending. Depending on the circumstances, this may mean secure custody in a juvenile detention center or non-secure custody in a foster home, treatment facility, or other appropriate setting. However, the juvenile is entitled to a hearing within seven days to determine whether continued custody is required. If custody is continued, the juvenile is entitled to another hearing after 30 days, and each 30 days thereafter.

 

If the child is adjudicated delinquent, the court has a wide range of options. In some cases, the disposition may involve probation, community service, counseling, and other measures designed to put the juvenile back on the right path. In others, the court may send the juvenile to a group home, or even a detention facility. 

 

The consequences of a juvenile delinquency adjudication may extend beyond the direct disposition by the court, too. For example, a delinquency record may impact eligibility for school sports and extracurriculars, employment opportunities, college admissions, and housing opportunities. Juvenile adjudications may also affect the consequences of any future juvenile or adult charges. 

 

In other words, there’s a lot at risk. If your child is facing juvenile delinquency proceedings, it is in your best interest to talk to an experienced North Carolina juvenile justice lawyer right away. 

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Frequently Asked Questions about North Carolina Juvenile Justice

 

When is a juvenile tried as an adult in North Carolina? 

As of December 1, 2019, 16 and 17-year-olds who commit crimes in North Carolina are no longer automatically charged in the adult criminal justice system. In 2017, North Carolina lawmakers raised the age of juvenile jurisdiction for nonviolent crimes to 18.  

 

Are North Carolina juvenile records automatically expunged? 

Many people believe that juvenile records are automatically sealed or expunged when the juvenile reaches adulthood. Some juvenile records may be expunged, but there are conditions, such as good behavior since the adjudication and the passage of a certain amount of time after release from the court’s jurisdiction. Some records are not subject to expungement. A North Carolina expungement attorney can be the best source of information about which records may be expunged and how to maximize the likelihood of success in petitioning to expunge records.

 

Can young children be adjudicated delinquent? 

The North Carolina juvenile court system has jurisdiction over children as young as age six.