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Two friends in Baton Rouge are stopped by police together on a Friday night. One is 16 and one just turned 17. In Louisiana, that one-year gap can send their cases to two different courts. Louisiana's Children's Code (the state's law on young people and the courts) changed on April 19, 2024, and the age line now sits at 17.
Who juvenile court covers now
Under Article 804 of the Children's Code, a 'child' for juvenile court is a person who commits a delinquent act (an act that would be a crime for an adult) before turning 17. The same article says a delinquent act is one committed by a child 10 or older, and it leaves out traffic violations.
This is a reversal. From July 1, 2020, until April 19, 2024, the cutoff was 18, after Louisiana's earlier 'raise the age' change. Today, a 17-year-old accused of a crime in Louisiana is generally handled in adult court.
The date of the act matters, not the date of arrest. Someone who is 19 but committed an act at 16 can still count as a 'child' under Article 804, since the definition reaches people under 21.
When a younger teen's case can move to adult court
Article 305 of the Children's Code covers the most serious charges. If a child is 15 or older and accused of first degree murder, second degree murder, aggravated or first degree rape, or aggravated kidnapping, the case starts in juvenile court. It moves to adult court if a grand jury returns an indictment (a formal charge) or if a juvenile judge finds probable cause at a continued custody hearing. The district attorney chooses which path to take. If the child is held in detention, the district attorney has 60 calendar days after the arrest to file.
In every juvenile case, a young person has the right to a lawyer. In In re Gault (1967), the U.S. Supreme Court ruled that a child facing juvenile court and possible confinement must be told of the right to a lawyer, and that one will be appointed if the family cannot pay.
This article could not confirm a Louisiana law that requires police to call a parent before questioning a minor. You can still say calmly that you want a lawyer and a parent before you answer questions.
Clearing a juvenile record
Louisiana lets people ask the juvenile court to expunge and seal a record (remove it from public view). Under Article 918, a case that never ended in an adjudication (the juvenile court's version of a guilty finding) can be expunged at any time.
For most adjudications, the juvenile court must first have ended its supervision of the case. The person also needs no adult felony convictions, no adult misdemeanor convictions against a person involving a firearm, and no pending charges. For murder, manslaughter, kidnapping, armed robbery, or a sex offense that requires registration, five years must pass after the last judgment was satisfied.
Where to get help in Louisiana
Louisiana has a public defender office for every judicial district, and the Louisiana Office of the State Public Defender lists them by parish on its website. Caddo Parish, for example, is District 1, and East Baton Rouge Parish is District 19. If a young person is charged and the family cannot pay a lawyer, ask the court for the public defender.
Curfews: this article did not find a statewide youth curfew law in Louisiana. Curfews here are set by cities and parishes, so read your own city or parish code, and check the work exception if you have late shifts.
Da ricordare
- Since April 19, 2024, Louisiana juvenile court covers acts committed before age 17; a 17-year-old is generally charged as an adult.
- At 15 or older, a few very serious charges can move a case to adult court by indictment or a probable cause finding.
- A juvenile case that did not end in an adjudication can be expunged at any time under Article 918.
- Find your district public defender by parish on the Louisiana Office of the State Public Defender website.
Fonti
- Louisiana State Legislature: Children's Code Article 804, definitions (si apre in una nuova scheda)
- Louisiana State Legislature: Children's Code Article 918, expungement grounds (si apre in una nuova scheda)
- Louisiana Office of the State Public Defender: District offices (si apre in una nuova scheda)
- Legal Information Institute: In re Gault, 387 U.S. 1 (1967) (si apre in una nuova scheda)
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