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A 16-year-old walking home from a friend's place in Columbia Heights gets stopped by a Metropolitan Police Department officer at 11:30 p.m. on a Tuesday. One question is the District's curfew, which in DC is a single law for the whole city. The other is what happens if the stop turns into an arrest: for anyone under 18, that means the Family Court of the Superior Court of the District of Columbia, not adult criminal court, with a short list of exceptions.
The DC curfew: one rule for the whole District
DC is one city government, so the DC Council passed a single Juvenile Curfew Act that applies from Georgetown to Deanwood. It covers anyone under 18 who is not married or legally emancipated. The base hours in the Code are 11 p.m. to 6 a.m. Sunday through Thursday nights, and 12:01 a.m. to 6 a.m. on Saturday and Sunday mornings; in July and August the curfew starts at 12:01 a.m. every night.
The law also lets the Mayor or the Chief of Police set 'extended youth curfew zones', neighborhoods with earlier hours. The current version of this part expires at the end of 2028, so the hours can change.
The exceptions (an emergency, being with a parent, and others) are in Title 2, Chapter 15 of the DC Code. Read them before you need them.
Under 18 means Family Court, with exceptions at 16
In DC, a 'child' for court purposes is anyone under 18. A child who breaks the law is charged with a 'delinquent act' and the case goes to the Family Court of the Superior Court; the law's stated goal there is rehabilitation.
Two doors lead to adult court. First, the DC Code says a 16- or 17-year-old charged by the United States Attorney with murder, first degree sexual abuse, first degree burglary, armed robbery, or assault with intent to commit one of those is not treated as a 'child' at all; the case starts in adult court. Second, the District's Attorney General can ask a Family Court judge to 'transfer' a case (move it to adult court) if the young person was 15 or older and the charge would be a felony for an adult. The judge must hold a hearing and weigh the child's age, record, mental condition, and prospects for rehabilitation. For the most serious charges the law presumes transfer.
The federal floor here is In re Gault (1967). The Supreme Court held that a young person in juvenile court has a right to notice of the charges, a lawyer, and the chance to question witnesses, the same basic fairness an adult gets.
A DC juvenile record can be sealed, and you never have to list it
The DC Code lets a person ask the Family Court to seal a juvenile case two years after the final discharge from custody or supervision, as long as there has been no new conviction or delinquency finding and no case is pending. Sealing is strong in DC: the law says the case is treated as if it never happened, and the court, the police, and you may all answer that no record exists.
Even before sealing, the Code says a juvenile does not have to disclose a delinquency history on an application for a job, school, or housing, and has the right to refuse.
During a stop, and who to call after
During a stop, the calm steps are the ones our police lessons describe: give your name if asked, keep your hands visible, and say clearly that you want a parent and a lawyer before answering questions. We could not confirm a DC rule that requires police to reach a parent or a lawyer before questioning a minor, so do not count on one; ask for both yourself.
If a case is filed, the Family Court appoints a lawyer for a young person whose family cannot pay, and the transfer hearing is where that lawyer matters most. Ask the Family Court clerk how to reach appointed counsel. The statutes themselves are free at code.dccouncil.gov: Title 2, Chapter 15 for the curfew and Title 16, Chapter 23 for Family Court.
Tandaan ito
- DC has one District-wide curfew for under-18s: 11 p.m. on school nights, 12:01 a.m. on weekends and all summer.
- Under 18 means the Family Court of the Superior Court, except 16- and 17-year-olds charged by the U.S. Attorney with a few listed violent crimes.
- A judge can transfer a case to adult court from age 15 for a felony, but only after a hearing that weighs age, record, and rehabilitation.
- Ask to seal the record two years after the case closes; before that, you may refuse to disclose it on job, school, or housing applications.
Mga pinagmulan
- Council of the District of Columbia: D.C. Code § 2-1542, Juvenile Curfew definitions (bubukas sa bagong tab)
- Council of the District of Columbia: D.C. Code § 16-2301, Family Court definitions (bubukas sa bagong tab)
- Council of the District of Columbia: D.C. Code § 16-2307, Transfer for criminal prosecution (bubukas sa bagong tab)
- Council of the District of Columbia: D.C. Code § 16-2335, Sealing of records (bubukas sa bagong tab)
- Legal Information Institute (Cornell): In re Gault, 387 U.S. 1 (1967) (bubukas sa bagong tab)
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