Juvenile Crimes defendant

The right to legal representation is mandatory and fundamental for a Juvenile Crimes defendant in all phases of the D.C. juvenile justice system.

• In all delinquency and PINS (Person in Need of Supervision) cases, the child must be represented by an attorney at every judicial hearing, including the initial detention hearing and the factfinding (trial) (D.C. Code § 16-2304).
• If the child or their family cannot afford an attorney, the court must immediately appoint legal counsel.
• Upon being taken into custody, the Juvenile Crimes defendant is entitled to their Miranda rights (right to silence and counsel), and law enforcement is expected to attempt parental notification promptly.

D.C. law protects the future of a Juvenile Crimes defendant by placing strict limits on the public disclosure of their history in the juvenile system.

• D.C. Code § 16-2331 and § 16-2332 mandate that both juvenile case and social records must be kept confidential and generally cannot be open to public inspection.
• This legal protection prevents a childhood adjudication from becoming a permanent public record that could negatively impact a Juvenile Crimes defendant's future employment or educational prospects.
• Access to these records is highly restricted, limited primarily to court staff, the Attorney General's office, and defense counsel, although exceptions exist for law enforcement and other courts under specific circumstances.

A critical hearing occurs shortly after the Juvenile Crimes defendant is taken into custody to determine their placement before the final court disposition.

• The court must choose the least restrictive placement: release on conditions, shelter care, or secure detention.
• A Juvenile Crimes defendant may only be placed in secure detention if the court finds it essential to protect others, to protect the child, or to guarantee their appearance at the next court hearing (D.C. Code § 16-2310).
• Detention may not be ordered for the purpose of punishment; conditions of release frequently include curfews, school attendance mandates, or staying away from the scene of the alleged offense.

The adjudication phase determines guilt or innocence in a proceeding similar to a non-jury trial in the adult system.

• A Juvenile Crimes defendant is not entitled to a jury trial; the Family Court judge rules on the evidence presented by the prosecution and the defense.
• The OAG must prove the delinquent act beyond a reasonable doubt to the judge.
• If the allegation is proven, the child is adjudicated delinquent; this is a finding, not a criminal conviction, for the Juvenile Crimes defendant.

The court's final order is heavily reliant on a detailed, fact-based report prepared by the Court Social Services Division (CSSD).

• The report provides a comprehensive assessment of the Juvenile Crimes defendant's emotional, social, educational, and family circumstances (D.C. Code § 16-2319).
• It includes a recommendation for the most effective plan of care and treatment.
• The report ensures the dispositional order fulfills the D.C. policy of placing a premium on the rehabilitation of children, requiring that the disposition be tailored to the individual Juvenile Crimes defendant’s needs.

The judge has multiple options for the Juvenile Crimes defendant that balance community safety and the child’s welfare.

• Probation: The child may remain in the community under the supervision of CSSD, subject to specific conditions such as counseling, restitution, or community service.
• Commitment: In more serious cases or when rehabilitation requires structure, the Juvenile Crimes defendant may be committed to the Department of Youth Rehabilitation Services (DYRS) for placement in a residential or structured program.
• Dispositional orders have definite time limits and are subject to mandatory review to ensure the rehabilitative plan is working.

Transferring a Juvenile Crimes defendant to the adult court is a complex process governed by explicit statutory criteria, only applicable to older children and specific offenses.

• The court must review multiple factors, including the nature of the alleged offense, the prior history of the Juvenile Crimes defendant, and their level of maturity and capacity for rehabilitation (D.C. Code § 16-2307).
• The child must typically be a certain minimum age (often 15 or 16) and charged with designated felony offenses, such as murder or first-degree sexual abuse.
• A transfer means the minor will be prosecuted and, if convicted, sentenced as an adult.

After successfully completing the court’s requirements, a former Juvenile Crimes defendant has the right to petition the court to seal their records.

• D.C. Code § 16-2335 provides the legal avenue for a child to have their juvenile records sealed after a specified period and under certain conditions.
• Sealing the record is a vital mechanism to ensure the D.C. system's policy of rehabilitation is fully realized.
• This provision allows the former Juvenile Crimes defendant to move forward with their life without the long-term stigma of their juvenile history.