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A 16-year-old in Minot is picked up by police after a shoplifting report at a store on the north side of town. What happens next is set by North Dakota's juvenile court law, in chapters 27-20.2 and 27-20.4 of the North Dakota Century Code. Those chapters decide which court hears the case, who must be told, and whether the teen gets a lawyer.
Who goes to juvenile court, and when a case moves to adult court
In North Dakota, a 'child' for juvenile court is a person under 18 who is not married. The court can keep a case until age 20 if the act happened before 18. A 'delinquent act' is something that would be a crime, including breaking a local ordinance.
A case can be transferred (moved) to adult court in a few ways. It must move if a child over 16 asks for it. It must also move if the child was at least 14 and the court finds probable cause for murder, attempted murder, or certain forcible sex crimes. Otherwise, for a child 14 or older, the court has to hold a hearing, give the child and parents written notice at least three days before, and find, among other things, that the child cannot be helped by juvenile programs. For 14- and 15-year-olds, the act must also involve causing or threatening serious bodily harm.
One school rule is worth knowing. A student who commits an infraction or misdemeanor on school property cannot be referred to juvenile court unless the school tried its own interventions first and wrote them down.
Custody, your parent, and your lawyer
When police take a child into custody in North Dakota, the law says it is not an arrest, except when a court checks whether it was legal under the constitution. The officer must promptly tell a parent, guardian, or custodian, and give the reason. Often the child is released to a parent who promises to bring the child to court.
The lawyer rule is strong. Any child accused of being delinquent gets a court-appointed lawyer regardless of income, unless the family hires one. A child can waive (give up) that right only at 14 or older, only on the record, and only if the judge finds the choice is knowing and voluntary. A child who waives can change their mind at any later hearing.
State law also says a child does not have to be a witness against themselves, and a statement taken in violation of the rules cannot be used. The U.S. Supreme Court set the base for this in In re Gault (1967): a child facing delinquency charges that could lead to being locked up has a right to a lawyer, and the child and parents must be told about it. If police want to question you, say calmly that you want a lawyer and your parent.
Records, curfews, and where to get help
North Dakota juvenile court files are closed to the public. The judge, the parties, and their lawyers can see them, along with a few agencies the law lists. The records are kept and destroyed under rules set by the North Dakota Supreme Court. Once a file is destroyed, the law says the case is treated as if it never happened. We could not confirm the exact waiting periods, so ask the clerk of court or your lawyer when your file is scheduled to be destroyed.
The juvenile court chapters we read do not set a statewide youth curfew. If your town has one, it will be in the city's ordinances, which are public, so read your own city's text.
For a lawyer, the North Dakota Commission on Legal Counsel for Indigents runs the state's public defender offices. Its website has an application for a public defender in English and Spanish, which you file with the clerk of court in the county where the case is. In a delinquency case, the court appoints a lawyer for the child without looking at income.
Sonje sa
- North Dakota juvenile court covers unmarried people under 18, and a case can stay there until age 20.
- Any child accused of delinquency gets a lawyer regardless of income, and a child under 14 cannot waive that lawyer.
- Police who take a child into custody must promptly tell a parent or guardian why.
- Juvenile files are closed to the public, and a destroyed file is treated as if the case never happened.
Sous
- North Dakota Legislative Branch: Century Code chapter 27-20.2, Juvenile Court Act (ap louvri nan yon nouvo onglè)
- North Dakota Legislative Branch: Century Code chapter 27-20.4, Delinquency (ap louvri nan yon nouvo onglè)
- North Dakota Commission on Legal Counsel for Indigents: Home (ap louvri nan yon nouvo onglè)
- Legal Information Institute: In re Gault, 387 U.S. 1 (1967) (ap louvri nan yon nouvo onglè)
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