Minneapolis Juvenile Defense Attorney

In Minnesota, if a person under 18 years of age engages in illegal conduct, their case will be processed through the juvenile court system. The state handles these types of matters through civil, as opposed to criminal, proceedings, with the end goal being to hold the child responsible for their actions and rehabilitate them. That being said, although a child may be penalized for their illegal behavior, the penalties will be different from those an adult may face.

The juvenile justice system operates on principles distinct from the adult criminal justice system, focusing more on rehabilitation than punishment. This aims to redirect young offenders towards a law-abiding future through education, treatment, and community-based services. However, navigating these complexities requires the guidance of a seasoned legal professional who understands juvenile law's nuances and the system's objectives.

Juvenile defense cases are quite different from cases involving adults. With so many factors to weave through and decisions to make, you need the best representation possible. Brockton D. Hunter P.A. is the firm to call if someone you love under the age of 18 has been accused of a crime.

Navigating the Minnesota Juvenile Criminal Process

In Minnesota, the fundamentals of juvenile cases go as follows:

• The person accused of the crime is under the age of 18.
• The county where the crime was committed is where the child will be prosecuted, but any potential sentencing or disposition will take place where the child lives.
• There is no jury in juvenile cases, only a judge will determine if the child is delinquent or not.

Understanding the procedural nuances in juvenile cases is crucial. The initial intake process involves a review of the case details to determine whether informal resolution or formal court proceedings are necessary. Diversion programs often play a vital role, offering alternatives such as counseling, community service, or educational workshops, which aim to correct behavior without formal judicial intervention. Engaging in these programs can significantly impact a young person's future by potentially avoiding a formal delinquency record.

Being Found Guilty or Delinquent in Minnesota

What happens if a juvenile is convicted of a crime? When a minor is processed through the juvenile court and evidence proves they engaged in the alleged conduct, they are not "found guilty." Instead, they are "found delinquent." This term applies when the minor has been accused of carrying out acts that would be considered crimes had adults committed them.

However, in some cases, children can be sent to juvenile court when they do something that isn't unlawful for an adult— for instance, skipping school, staying out past curfew, or possessing or consuming alcohol. In such situations, if the court determines that the minor engaged in the conduct, the juvenile would be categorized as a petty offender. The child could also be deemed as such if the judge determines that they committed a petty misdemeanor or a non-violent misdemeanor and they had no past criminal history.

It's important to understand the distinction between delinquents and petty offenders because the consequences the minor faces depend on the category they fall under.

Possible Dispositions for Juvenile Offenders in Minnesota

If the minor is found to be delinquent, under Minn. Stat. § 260B.198, they may be subject to several dispositions, such as:

• Counseling
• Being supervised by a probation officer
• Having their legal custody transferred to an authorized agency
• Being committed to a juvenile correctional facility
• Paying restitution to the victim
• Paying a fine of up to $1,000
• Being ordered to special treatment or care
• Having their driver's license revoked until they turn 18 years of age
• Staying enrolled in school until they turn 18 years of age or meet graduation requirements
• Receiving sex offender treatment

The court’s aim is to align these dispositions with the best interests of the juvenile and society. Judges often consider various factors such as the juvenile's age, past record, seriousness of the offense, and willingness to participate in rehabilitation programs. The goal is to implement a rehabilitation plan that addresses the root causes of delinquent behavior, steering juveniles away from future offenses and helping them integrate positively into their communities.

Under Minn. Stat. § 260B.235, minors judged petty offenders could face the following dispositions:

• A fine of up to $100
• Participation in community service
• Participation in a drug awareness program
• A chemical dependency evaluation
• Probation for up to 6 months
• Restitution to the victim
• Participate in other programs or treatments the court deems necessary

Community Resources for Juveniles in Minneapolis

In addition to legal strategies, utilizing community resources can play a vital role in a juvenile’s path to rehabilitation. Minneapolis offers a range of programs and services designed to support youth in need. From mentorship programs and educational support services to substance abuse treatment and mental health counseling, these resources aim to address underlying issues that may contribute to delinquent behavior.

Building partnerships with local organizations, such as the Minneapolis Community and Technical College's youth programs or accessing services from Hennepin County Support Services, can enhance the support network available to young people. This collaborative approach underscores our commitment to not just defending children in court, but also empowering them with the tools needed to succeed in life.

FAQs About Juvenile Defense in Minnesota

What Are the Common Juvenile Offenses in Minneapolis?

In Minneapolis, common juvenile offenses include theft, vandalism, underage drinking, curfew violations, and assault. These offenses, while often perceived as minor, can have serious legal consequences if not handled appropriately. It’s crucial that juveniles facing such charges receive proper legal counsel to prevent these early mistakes from having long-lasting impacts on their lives. Our attorneys are dedicated to achieving the best possible outcomes by understanding the individual circumstances of each case and advocating for the young person's future.

How Can a Juvenile Record Impact My Child's Future?

A juvenile record can have significant repercussions on a young person’s future, affecting college admissions, employment opportunities, and even housing applications. While juvenile records in Minnesota are typically sealed, certain agencies may still be able to access them. It is important to address these issues head-on with the assistance of a knowledgeable attorney who can argue for record expungement where appropriate, to protect your child’s privacy and future prospects.

Is It Possible for Juvenile Records to Be Sealed or Expunged?

Yes, in Minnesota, it is possible for certain juvenile records to be sealed or expunged, although the process involves demonstrating to the court that expungement aligns with the individual's best interests and public safety. This is where legal representation becomes invaluable, as an attorney can help navigate the procedural requirements and represent the juvenile’s interests effectively to grant a fresh start.

How Do Diversion Programs Work for Juveniles in Minneapolis?

Diversion programs serve as an alternative to traditional legal prosecution and are designed to help juveniles avoid a formal record while still addressing the behavioral issues that led to the criminal activity. In Minneapolis, these programs can include community service, counseling, and educational workshops. Successful completion can lead to charge dismissal, allowing the minor to continue life without the burden of a criminal record. Working with legal counsel can help determine eligibility and navigate the program requirements.

What Should I Look for in a Juvenile Defense Lawyer?

When searching for a juvenile defense lawyer, consider their experience with juvenile courts, their familiarity with the local legal system, and their ability to connect with young clients. At Brockton D. Hunter P.A., our lawyers prioritize these areas, ensuring that each family we work with receives personalized and effective representation. Our veteran status and established relationships within the legal community further enhance our capability to secure favorable outcomes for our clients.