Michigan Juvenile Crimes Lawyer

Understanding Juvenile Offenses in Michigan

Juvenile offenses in Michigan refer to unlawful acts committed by people under the age of 18. Juvenile cases are treated differently from adult criminal cases and are primarily adjudicated in the family division of the county court, rather than in adult criminal court. In some instances of particularly serious offenses allegedly committed by juveniles aged 14-17, the prosecutor can waive the case up to adult court, where the minor would be treated as an adult.

However, in most cases, a juvenile delinquency proceeding is more about rehabilitation than punishment. The goal is for the child to get back on track and lead a successful life, so juvenile cases often involve providing services, counseling, community service, and educational services to minors to correct their behavior and set them up for success.

Juveniles are not generally arrested by law enforcement or placed in juvenile detention unless they are unable to be safe and protected at home. This can happen when they have a demonstrated history of running away, truancy, or failure to follow the law and the rules of their household. Courts recognize that juvenile detention should generally only be used for the safety of the minor and the community, and not as punishment. The juvenile’s parents or caretakers are  very involved in the court proceedings and must accompany the minor to every court appearance. The probation office is also heavily involved in every juvenile case from the outset, with the goal being collaborative and corrective to assess and meet the needs of the juvenile to ensure the behavior does not happen again.

The juvenile justice system is premised on the theory that kids are not yet mature and thus are more likely to change their behavior for the better. To effect that change, the juvenile system uses various corrective measures, such as counseling and education, vocational training, drug treatment, community service, and restitution. In Michigan, juveniles are no longer required to register on the sex offender registry under the Sex Offender Registration Act (SORA), so SORA registration is not required.

These attempts to rehabilitate a minor can help avoid many of the dire consequences that follow a conviction of a serious crime, such as the loss of future employment and educational opportunities. In Michigan, most juvenile offenses are automatically “set aside” or taken off the minor’s record once the child turns 18, or two years after their court supervision ends, whichever is later. The court and police will still see the case in the person’s court history, but the person can truthfully answer that they do not have any juvenile adjudications one the case is set aside. This is another part of the process designed to ensure that juvenile offenses do not ruin a person’s life. More serious assaultive and sexual offenses, among others, are not automatically set aside. However, all juvenile offenses are sealed from the public and accessible only to the parties, the courts, the police, and the military in limited capacity.

An adult case begins with the filing of a criminal complaint. However, juvenile cases do not have complaints. Instead, they begin with the filing of a petition in family court. This petition is a formal legal writing that notifies the juvenile of the charges that they face and triggers the first hearing. The first notice the family receives in the case is often a letter that goes out to the parents notifying them of the charge and the first court date. At this first hearing, the child and their parents are advised on their rights and options available to them. Probation is generally involved from the outset in helping recommend the direction of the case. Understanding how a juvenile crime case differs from adult cases is an essential part of building a juvenile crime defense.

Common Juvenile Cases in Michigan

Juvenile cases cover a range of different offenses in Michigan. While these crimes are also crimes for adults, their outcomes and penalties are likely to differ depending on the circumstances. Some common juvenile cases include:

• Property crimes. These include crimes of taking or unlawfully using or destroying property, especially property that does not belong to the juvenile. Offenses in this category include vandalism, shoplifting, and breaking and entering.
• Violent crimes. These typically involve assault and battery crimes. Many of these result from fights, but others involve crimes that have caused bodily harm.
• Sex crimes. These crimes include rape, sexual assault, and other instances of sexual contact. In Michigan, the age of consent to sex is 16 years old, so anyone (even a minor) who has sex with a person under 16 can be charged with sexual assault, whether or not the act was consensual. Michigan’s Romeo and Juliet law, which provides an exception for teenagers close in age who engage in consensual sexual touching, does not apply to penetrative sex and intercourse.
• Drug crimes. These crimes involve possession or use of controlled substances, including alcohol, since minors are not legally permitted to purchase or consume alcohol. Rarely is a minor involved or charged in more serious drug-related crimes, such as drug trafficking.
• Threats. Schools today have a zero-tolerance policy for any form of threat. These can include legitimate threats, such as school shootings, or simply joking language about guns, hit lists, or wishing someone was dead. These cases can also involve bringing weapons to school, but the definition of what constitutes a weapon is largely undefined.
• Additional offenses. Common additional offenses for minors include, for example, truancy, shoplifting, driving under the influence, and other felony and misdemeanor offenses under Michigan’s laws.

Outcomes in Michigan Juvenile Cases

Every case is unique, and outcomes will depend on various factors, including the minor’s history, the offense’s severity, and the minor’s legal representation. In Michigan, the prosecutor and defense attorney will discuss early on in the case whether the case is eligible for the “consent calendar,” meaning that the probation office will oversee the juvenile without the judge getting involved and without a formal adjudication on the minor’s record. Consent calendar cases are reserved for less serious offenses, offenses that are hard to prove, offenses where the victim does not have a strong opinion, and/or where the juvenile has no prior record demonstrates a strong understanding of right from wrong. If a case is approved for the consent calendar, the probation office will oversee counseling, community service, a letter of apology, or other measures designed to correct the behavior and help the minor stay out of trouble.

Another option that keeps the case out of the formal court is a diversion, where the probation office and prosecutor’s office agree that formal charges will be dismissed after the juvenile completes certain corrective action.

If a case goes onto the formal calendar, then usually a judge or referee will become involved at some stage in the case, while the prosecutor and defense attorney continue to negotiate. The juvenile has a right to trial but must request a jury trial early on if they would like a jury. The right to a jury trial is not guaranteed, as juvenile cases are not technically criminal cases. Juvenile trials are similar to adult trials. The burden is on the prosecution to prove the juvenile is guilty beyond a reasonable doubt.

Instead of trial, the juvenile may decide to plead to the offense pursuant to a plea agreement. If the juvenile pleads to an offense, the court will impose a period of probation on the juvenile, which in Michigan is an indefinite period of time, usually lasting from 3-18 months. During probation, the court will hold periodic review hearings to check in with the juvenile and their family, as well as the probation officer and the attorneys on both sides, to see how the juvenile is doing with meeting the probation requirements, attending school, and staying out of trouble. Once the court and the probation office are satisfied that the juvenile has successfully completed all required steps, the juvenile will be released from probation.

Juvenile Crime Laws and Statistics

Michigan’s juvenile justice system is governed by the Michigan Juvenile Code (MCL 712A), which defines the procedures and standards for handling juveniles accused of criminal behavior.

The court has jurisdiction over minors who are less than 18 years old at the time they are alleged to have committed a delinquent act. The statute requires that juvenile cases be conducted within the family division of the county circuit court, which manages all cases of juvenile delinquency.

The juvenile justice system requires authorities to balance public safety with the child’s best interests while also working to rehabilitate the juvenile to help them reenter into society.

The majority of children and youths who have contact with the justice system are 13-17 years of age. In Michigan, children under 10 years old are presumed “not competent” to proceed with court proceedings.

The Petition Process

The petition is the formal charging document used to commence a juvenile crime case in Michigan. The document asserts all charges against the minor and schedules them to attend an intake hearing.

At the intake hearing, the juvenile’s attorney may speak with representatives of the probation department and the prosecutors to attempt to resolve the matter without having the juvenile formally adjudicated or committed, and having the case placed on their record. The juvenile should not answer any questions about the offense conduct during this meeting. If the probation officer asks questions about the offense, the juvenile can politely decline until they have an attorney present and have reviewed all the police reports in the case.

Possible Penalties and Outcomes in a Juvenile Crimes Case

When a juvenile is accused of a crime in Michigan, the goal of the court is to rehabilitate the child. However, there are several penalties and possible outcomes in a juvenile crime case. These vary depending on the nature of the crime and the child’s previous record. Some common penalties and outcomes include:

• Probation. Probation is the most common outcome in juvenile cases and is a way to divert juveniles from prison. It typically involves the juvenile agreeing to specific rules and conditions, as well as regular meetings with a probation officer.
• Diversion programs. A diversion program consists of educational programs, counseling sessions, and/or community service activities to help alter a juvenile’s behavior. It usually results in no adjudication on the juvenile’s record.
• Community service. In many juvenile cases, the offender will be ordered to complete a certain number of hours of community service.
• Restitution. In some cases, the juvenile may be required to pay restitution, which is financial compensation to the victim for any losses they suffered as a result of the crime. For instance, if the crime was related to property damage, the offender may be required to pay for repairs or replacement.
• Detention. Juveniles found guilty of more serious offenses may be sentenced to a juvenile detention center for a limited amount of time. The detention center is separate from the adult facilities.
• Specific treatment. Juveniles may receive alternative sentencing through treatment courts instead of facing standard prosecution. They typically focus on rehabilitation for juveniles with substance abuse issues or mental health problems.

Juvenile punishments may be less harsh than adult criminal sentences, but they can still have serious repercussions. An experienced Michigan juvenile crimes attorney will fight for the most favorable result.

When a Juvenile Can Be Tried as an Adult

In Michigan, juveniles are typically prosecuted in family court. However, there are instances where a juvenile may be charged and tried as an adult. This situation may arise in cases like a 14-year-old juvenile who stands accused of committing violent crimes like murder or armed robbery. This can also include sexual crimes or assaultive behavior that leads to serious injuries and/or death.

The decision for a juvenile to be tried as an adult is not normally automatic (unless the juvenile is accused of a specified juvenile offense and is age 14 or older) and involves a hearing. During this hearing, the judge will consider several factors, including the age of the minor, the severity of the crime, whether they have a prior criminal record, and the likelihood of rehabilitation.

If a juvenile is tried and convicted as an adult, they face more severe penalties, including the possibility of being sent to adult prison. This can have significant long-term consequences on the juvenile’s life.

If your child is being charged as an adult, it is crucial to work with an experienced Michigan juvenile crimes lawyer to ensure their rights are protected and all possible defenses are explored.

Why Hire a Juvenile Crimes Lawyer

The outcome of your juvenile crime case can be highly dependent on the type of legal representation that you choose. At SBBL Law, our Michigan juvenile crimes lawyers are experienced in juvenile law and are familiar with the local family court division and other courts in Michigan. Our unique background in criminal defense allows us to work strategically towards defending juveniles facing charges, including by working with private investigators to uncover evidence, filing motions, and fighting the charges at trial. Advocating for your child’s rights from start to finish is our team’s top priority.

When you hire a juvenile crimes lawyer at SBBL Law, you can be assured that you will have an experienced advocate on your side who knows how to deal with the court system, including both judges and prosecutors.