Juvenile court in Minnesota: under 18, certification at 14, and a lawyer from age 10

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.

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.