A 16-year-old in Mankato is stopped by police walking home after a party where someone's car was broken into. He is not arrested that night, but a week later a delinquency petition (the juvenile version of criminal charges) is filed. In Minnesota, his case starts in juvenile court. Minnesota law defines a 'child' for juvenile court as anyone under 18, and it counts the age at the time of the alleged offense.
When a case can move to adult court
Minnesota calls moving a case to adult court 'certification.' Under section 260B.125, a juvenile court may certify a case if the young person was at least 14 and is accused of something that would be a felony for an adult. The prosecutor has to file a motion, and there must be a hearing, usually within 30 days.
For most cases, the prosecutor must prove by clear and convincing evidence (a high standard, well above 'probably') that keeping the case in juvenile court does not serve public safety. If the prosecutor cannot, the case stays in juvenile court.
The rule flips for some 16- and 17-year-olds. If the charge would bring a presumptive prison sentence for an adult, or involves a felony with a firearm, certification is presumed, and the young person has to show that juvenile court serves public safety. One charge skips juvenile court entirely: first-degree murder by someone 16 or older.
Your right to a lawyer, and why it exists
Minnesota law gives the child and the parent the right to effective help from a lawyer in juvenile court. The court must appoint one for a child charged with a gross misdemeanor or felony, or when the court is thinking about placing the child outside the home. Under section 611.14, a minor 10 or older who cannot afford a lawyer is entitled to a public defender. That right does not cover most juvenile petty offenses, the lowest level of charge.
This goes back to In re Gault (1967). In that case the U.S. Supreme Court held that a young person facing juvenile court and possible confinement has the right to a lawyer, to notice of the charges, and to remain silent.
We could not confirm a Minnesota statute that requires police to call a parent before questioning a minor. The safe step is the same everywhere: say you want to talk to a lawyer and a parent before answering questions.
Records, curfews, and where to get help
A juvenile record does not disappear on its own. Under section 260B.198, the juvenile court may expunge (seal) all records of a delinquency case at any time if the benefit to the young person outweighs the risk to public safety. The judge looks at the person's age and development at the time, and at how sealing would help with school, work, and housing. Records expunged since Jan. 1, 2015, are sealed, though police and prosecutors can still use them in limited ways. Ask your lawyer about expungement when the case ends.
The Minnesota statutes we read do not set a statewide youth curfew. Check your own city's ordinance on the city website.
If you get a delinquency petition, go to the first hearing and ask the judge for a lawyer if you do not have one. Public defenders in Minnesota work through the state Board of Public Defense, and the court makes the appointment. A parent can ask the court clerk how to request one.
Remember this
- Minnesota juvenile court covers people under 18, based on their age at the time of the alleged offense.
- A felony case can be certified to adult court from age 14, and for some 16- and 17-year-olds certification is presumed.
- A minor 10 or older who cannot afford a lawyer is entitled to a public defender in most juvenile cases.
- The juvenile court can expunge a delinquency record at any time, so ask about it when your case ends.
Sources
- Minnesota Legislature, Office of the Revisor of Statutes: 260B.007 Definitions (opens in a new tab)
- Minnesota Legislature, Office of the Revisor of Statutes: 260B.125 Certification (opens in a new tab)
- Minnesota Legislature, Office of the Revisor of Statutes: 260B.163 Hearing (appointment of counsel) (opens in a new tab)
- Minnesota Legislature, Office of the Revisor of Statutes: 260B.198 Dispositions; delinquent child (expungement) (opens in a new tab)
- Minnesota Legislature, Office of the Revisor of Statutes: 611.14 Right to representation by public defender (opens in a new tab)
- Legal Information Institute: In re Gault, 387 U.S. 1 (1967) (opens in a new tab)
This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.