Juvenile Criminal Defense Attorney in Greenbelt

How Maryland’s Juvenile Justice System Works

Maryland’s juvenile justice process is distinct from adult criminal court in both structure and purpose. Understanding each stage helps families know what to expect and where representation can make the most difference.

Custody, Notification & DJS Intake

When a juvenile is taken into custody in Maryland, law enforcement must immediately notify the child’s parents, guardian, or custodian, and the child cannot be placed in an adult jail or detention facility. The case then goes to the Department of Juvenile Services for intake review. DJS may dismiss the matter, assign informal supervision, or file a formal delinquency petition, depending on the facts of the case. That intake determination shapes everything that follows, which is why early legal involvement matters.

Adjudication & Disposition Hearings

If a formal petition is filed, an adjudication hearing is held before a judge, not a jury, who determines whether the allegations are supported by the evidence. Maryland’s juvenile system also uses different terminology than adult court: a child found responsible is adjudicated delinquent, not convicted, and the outcome is a disposition, not a sentence.

If the court finds the child responsible, a separate disposition hearing addresses what treatment, guidance, or rehabilitation is required. Options can include probation, community service, counseling, or placement in a juvenile facility, depending on the circumstances. The system’s stated focus is rehabilitation over punishment.

Diversion Programs in Prince George’s County

Prince George’s County operates two programs that may offer alternatives to formal adjudication, depending on eligibility. The Juvenile Drug Court, inaugurated in 2004, serves non-violent adjudicated youth ages 14 to 18 with documented substance abuse issues and involves intensive supervision, treatment, and school performance monitoring. The New Direction Youth Diversion Program offers youth ages 12 to 18 with no violent offense history a structured, community-based alternative to formal justice system involvement. Whether your child qualifies for either program depends on the specific facts of the case.

The Adult Court Waiver Risk in Maryland

One of the most serious decisions in a juvenile case is whether the matter stays in juvenile court or moves to adult criminal court. Maryland law permits the juvenile court to waive its jurisdiction and transfer a case to adult court for children who are at least 15 years old, or who face charges carrying a life sentence if committed by an adult, depending on the facts and procedural posture of the case. Before waiving, the court must hold a waiver hearing and find, by a preponderance of the evidence, that the child is an unfit subject for juvenile rehabilitative measures.

Some serious offenses, including specified violent crimes and firearms offenses for children at least 16 years old, may be filed directly in adult court without a juvenile court hearing first. An adult court may also transfer certain cases back to juvenile court through a process called a reverse waiver if the court determines that transfer is in the interest of the child or society, provided the motion is made before trial or a plea is entered.

Juvenile proceedings are closed to the public, and records aren’t publicly searchable. When a case moves to adult court, those protections disappear, and the court can order incarceration in adult facilities. Contesting a waiver or pursuing a reverse waiver requires a thorough understanding of Maryland procedure and the specific facts of the case.

Juvenile Record Expungement in Maryland

A juvenile record in Maryland isn’t automatically erased when your child turns 18. To have the record removed from public inspection, a petition for expungement must be filed with the court. There is no filing fee for a juvenile expungement petition in Maryland.

Eligibility Requirements

General eligibility requires the person to have reached age 18, at least two years to have elapsed since the last official action in the juvenile record, no subsequent convictions of any offense, no pending charges, and the underlying offense must not constitute a crime of violence as defined under Maryland law. The specific requirements are governed by Md. Code, Courts and Judicial Proceedings Section 3-8A-27.1, and not every juvenile record qualifies.

When a Case Was Transferred to Adult Court

If your child’s case was transferred to adult criminal court, there may be two separate records to address. Expunging the adult record doesn’t automatically resolve the juvenile record. How the case is handled from the beginning can have lasting consequences for your child’s future, and planning for expungement eligibility is one more reason why early defense strategy matters.