Juvenile Court and Associated Criminal Charges

The Juvenile Court Department is a statewide court with jurisdiction over civil and criminal matters.  It has general jurisdiction over delinquency, children requiring assistance, care and protection petitions, adult contributing to a delinquency of a minor cases, adoption, guardianship, termination of parental rights proceedings, and youthful offender or criminal cases.  There are eleven divisions of the juvenile court with sessions in more than forty locations including Newburyport, Salem, Lawrence and Lynn located in Essex County.

The Juvenile Court operates somewhat differently than its counterpart in the adult system.  The reason for that difference is the emphasis on rehabilitation due to the age of the alleged offender.  For the most party, the Judicial Bar, District Attorney’s Office and Probation Department evaluate these cases with an emphasis on minimizing the chance that the juvenile will reappear in front of the court.  The weight is placed more often on rehabilitation verses penalty.  While the juvenile should expect an associated penalty for any proven offense, taking actions to insure the behavior is not repeated with help to minimize any punishment.  Additionally, the juvenile may be eligible for a diversion option through the District Attorney’s Office – that option, in many cases, should be explored.

In 2013, Massachusetts passed an act expanding juvenile jurisdiction by encompassing seventeen-year-old offenders within the jurisdiction of the court.  Following that decision, the Massachusetts Supreme Court, in Commonwealth v. Smith, decided that going forward, seventeen-year-olds “must be afforded a meaningful opportunity to consult with an interested adult before waiving Miranda rights.”  Thus after 2013, only if the individual is eighteen years old will that person be referred to the adult system.

In Massachusetts, when a minor is arrested and detained, the police usually contact the parent/guardian first to determine whether or not the parent is willing to take the child home. The police are required to contact an on-call Probation Officer for a recommendation about whether or not to hold the juvenile in custody  .A youthful offender would be considered for a no bail status only if he/she has violated the terms of their probation resulting in an outstanding warrant, has a default warrant for a crime with a potential penalty of over 100 days in jail or has been charged with a major felony.

If the individual is not considered for an automatic “no bail” status, probation will evaluate the individual to determine whether to recommend release.  There is a presumption that a youthful offender should be released to the parent/guardian. However, the Probation Officer will consider several factors as part of their decision to recommend that the juvenile be admitted to bail or released to a parent or other responsible person:

If you have a son or daughter that is facing a juvenile offense in the Juvenile Court system, please contact Experienced Criminal Trial Attorney and former prosecutor Kristen Bonavita for a free consultation at 978-376-6746.