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Juvenile Delinquency

In juvenile delinquency cases, a child (less than 18 years old) is alleged to have broken a law ranging from being out past curfew to a charge of murder. Special court procedures have been created to deal with children who break the law that are separate from the adult criminal process. Most Juvenile Court delinquency cases are not open to the public, except for serious crimes committed by children over the age of 16. Juvenile Court judges and staff work with other government agencies and community organizations to develop programs that help to ensure a safe and healthy environment for juveniles.

Court Process

Prosecutor Files Petition

The State files a Petition or Citation in District Court stating the alleged charge.

 
Juvenile and Parents/Guardians Receive Summons

Most delinquency cases filed in District Court begin with the child and their parent(s)/guardian(s) being "summoned" by U.S. Mail to appear in court to respond to allegations in the Petition or Citation. If the child was detained in a secure facility, they will be brought to court within 36 hours of the date of the arrest.


Felony Charges Require Fingerprinting

If the child has been charged with a felony level offense, the child must be fingerprinted prior to his or her first court appearance. Each new felony case requires fingerprinting, even if the child has been fingerprinted on prior cases.


First Court Appearance and Legal Counsel

At the time of the first court appearance, the parent/guardian may apply for the services of a court-appointed attorney if the level of offense qualifies. Court-appointed attorneys are not available for petty misdemeanor charges. For misdemeanor, gross misdemeanor, and felony matters, the parents of the child may complete an application for a court-appointed attorney. The judge will review the application prior to the court appearance to determine eligibility. If the parents do not qualify for a court-appointed attorney, they may hire a private attorney at their own expense. Go to Find a Lawyer.


Finding of Delinquency

If the charge is proven in court, the court may make a finding of delinquency and the child may be adjudicated as "delinquent."


"Extended Jurisdiction Juvenile " until Age 21

Juvenile criminal matters may include "Extended Jurisdiction Juvenile" (EJJ) where the child may have a "stayed" (postponed or delayed) adult sentence until the child's 21st birthday, and the child is then placed on extended probation. (See MN Rule of Juvenile Court Procedure #19 and Minn. Stat. § 260B.130.)

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Room G25
Minnesota Judicial Center
25 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155

(651) 297-7651

mn.gov/law-library