Is your child facing criminal charges in Maryland? Learn how Maryland's juvenile justice system works, what dispositions are possible, and when a minor can be tried as an adult.
The Purpose of Maryland's Juvenile Justice System
Maryland's juvenile justice system is built on a fundamentally different philosophy than the adult criminal justice system. While adult courts focus primarily on punishment and public safety, juvenile courts are designed to prioritize rehabilitation and the best interests of the child.
This does not mean that juvenile proceedings are without consequences — they can include detention, probation, and long-term supervision. But the stated goal is to address the underlying causes of delinquent behavior and help young people become productive members of society.
The Maryland Department of Juvenile Services (DJS) administers the juvenile justice system, and the juvenile courts in Maryland's Circuit Courts handle cases involving delinquent youth.
Who Falls Under Juvenile Jurisdiction?
Under Maryland law, anyone under the age of 18 is considered a child. Juvenile court has jurisdiction over:
- Children at least 13 years old alleged to be delinquent for most offenses
- Children at least 10 years old alleged to have committed:
- A crime of violence
- A crime involving handguns
- A crime involving firearms Children under 10 cannot be charged with a crime under Maryland law. A child between 10 and 13 can only be charged with the serious offenses listed above.
As explained by People's Law Library of Maryland, "delinquent" means the child committed an act that would be a crime if committed by an adult.
The Juvenile Court Process in Maryland
The juvenile process differs significantly from the adult criminal process:
Intake
When a juvenile is referred to the court system — typically by law enforcement, a school, or a parent — the Department of Juvenile Services conducts an intake assessment. DJS evaluates:
- The seriousness of the alleged offense
- The child's prior history
- Family and community support
- The child's needs Based on this assessment, DJS may recommend:
- Informal adjustment (handled without court involvement)
- Consent decree (a form of informal probation)
- Formal petition (commencing juvenile court proceedings)
Adjudicatory Hearing
This is the equivalent of a trial. A juvenile court judge (not a jury) hears evidence and determines whether the child committed the alleged act. Unlike adult criminal court, there is no jury in juvenile proceedings.
Disposition Hearing
If the child is found to have committed a delinquent act, a disposition hearing determines what consequences will be imposed — the equivalent of sentencing in adult court.
Possible Dispositions in Juvenile Cases
The juvenile court has a wide range of dispositions available, from the least to most restrictive:
- Probation: The most common disposition. The child remains at home under supervision.
- Community service: Required hours of service in the community.
- Restitution: Payment to any victim for damages caused.
- Counseling or treatment programs: Mental health, substance abuse, or family therapy.
- Intensive probation: More frequent supervision and reporting.
- Placement outside the home: Group homes or residential treatment facilities.
- Commitment to a secure juvenile facility: The most serious option, equivalent to incarceration, for the most serious offenses.
The focus throughout is on the least restrictive intervention necessary to address the child's behavior and protect public safety.
When Can a Minor Be Tried as an Adult?
Maryland law allows juveniles to be transferred to adult criminal court under certain circumstances — a process known as "waiver" or "transfer." This is one of the most serious developments in a juvenile case.
Mandatory Transfer
Certain serious offenses require automatic transfer to adult court if the juvenile is 14 or older, including:
- Murder or attempted murder
- Rape or attempted rape
- Armed robbery with a deadly weapon
- Certain firearm offenses Discretionary Transfer (Waiver)
A juvenile court judge can transfer a case to adult court based on factors including:
- The seriousness of the offense
- The child's prior history
- Whether the child is amenable to rehabilitation within the juvenile system
- Public safety considerations If tried as an adult, the juvenile faces adult criminal penalties — including the possibility of a permanent adult criminal record and incarceration in an adult facility if over 18 at time of sentencing.
As reported by The Sentencing Project, over 1,000 youth were charged as adults in Maryland in a recent year, a statistic that has driven ongoing calls for reform of the state's transfer laws.
Juvenile Records and Confidentiality
Unlike adult criminal records, juvenile records in Maryland are generally confidential and not open to the public. However:
- Law enforcement agencies can access juvenile records
- The court can consider prior juvenile adjudications in adult sentencing
- Employers and others may not access juvenile records through background checks (with limited exceptions)
- Juvenile records may be expunged once the individual turns 21 (for most offenses) or upon petition Juvenile adjudications are not convictions and typically should not be disclosed as such on employment applications. However, certain serious felony adjudications may require disclosure in specific contexts.
Special Protections: Miranda Rights for Juveniles
Maryland enacted Senate Bill 53 in 2022, which requires that juveniles must speak to an attorney before police can question them — even if the juvenile says they understand their Miranda rights. This is a stronger protection than adults receive.
This means that if your child is arrested in Maryland, police must provide access to an attorney before any questioning begins. Statements made without that access may be suppressed.
Parents should instruct their children never to speak to police without an attorney present, and to invoke their right to counsel immediately.
FAQ
Does a juvenile record follow you into adulthood in Maryland?
Generally, no. Juvenile records are confidential and most can be expunged. However, for very serious offenses, records may be available to certain agencies even after the juvenile turns 18.
Can a 16-year-old be sentenced to prison in Maryland?
If tried as an adult, a 16-year-old can receive an adult sentence. Maryland law prohibits life without parole for juvenile offenders under U.S. Supreme Court rulings. If sentenced as a juvenile, they can be held in a DJS facility until age 21.
What happens to a juvenile who is charged with murder in Maryland?
Juveniles 14 and older charged with murder face mandatory transfer to adult court in Maryland, where they will face adult criminal proceedings and potential adult sentences.
Can parents be held liable for their child's crimes in Maryland?
A: Parents generally are not criminally liable for their child's crimes. However, courts can order restitution paid by parents, and civil liability may attach in some circumstances.
Q: How is a juvenile adjudication different from a conviction?
A: A juvenile adjudication of delinquency is not a criminal conviction. It cannot be used to enhance an adult sentence in most circumstances, does not create a public criminal record, and is generally expungeable.
Speak with a Maryland criminal defense attorney today. If your child has been arrested or charged, they need experienced legal representation immediately. The juvenile justice system can be more forgiving than the adult system — but the consequences of a misstep can still follow a young person for years.
