The law and the court system do not deal with juvenile offenders in the same way as they deal with adult offenders. The major purposes of the juvenile law are to try to help and guide the minor and his or her parents, to protect the rights of innocent juveniles, to protect society from criminal conduct by juveniles, and to give juveniles a sense of responsibility for their own acts. One of the most important features of the juvenile court is that the minor will not end up with an adult criminal record. While records of proceedings in juvenile court are retained by the court they are not generally available for public inspection.

Anyone under eighteen years of age who is accused or arrested for breaking the law comes within the juvenile court system and is taken to the juvenile detention facility rather than jail.

The right to remain silent, the fifth amendment right against testifying against yourself, applies to juveniles, and the minor has a right to refuse to say anything to anyone about the offense he or she is accused of until first talking to a lawyer. Following arrest, the juvenile detention officer will try to notify the parents of the minor and tell them about the arrest and where their child is being held. Oftentimes juvenile offenders are released to the custody of their parents prior to the initial hearing in the juvenile court.

Every juvenile has the right to a lawyer as soon as he or she has been charged with an offense. The juvenile alone can waive the right to counsel, and then only with parental consent.

If a juvenile is taken into custody there is no right to bail, however bond is routinely set for most offenses. The court officer who conducts the initial hearing can always choose to release the child under restrictions if he believes this is the best way to handle the case. If a minor is kept in the juvenile detention facility, a petition--a legal document that describes the complaint against the juvenile--must be filed in the juvenile court as soon as possible. Following arrest the court will conduct a detention hearing as soon as practicable. The detention hearing is to decide whether or not the juvenile should be sent home while awaiting a final hearing. If the charges are very serious older juveniles may be subject to a "transfer hearing" to decide whether their case should be resolved in the adult criminal court.

When children are kept in custody, a trial will be scheduled within thirty days. If the juvenile is not kept in custody, the trial will be scheduled within ninety days. Either hearing can be postponed for a good cause. At the trial, the juvenile does not have the right to a jury; instead the case is heard by a juvenile court judge or referee. Just as in criminal prosecution, the District Attorney must prove the allegations against the juvenile beyond a reasonable doubt. The juvenile does not have to prove his or her innocence. The juvenile has a right to call witnesses in his defense at no expense to the minor. Witnesses can be subpoenaed-that is, ordered to come into court.

At the final hearing, if a juvenile is found to have violated the law he can be declared a ward of the court and parental custody may be removed. The court can place the juvenile on probation in his or her own home, in a foster home, or in a group home or other institution for more serious or repeat offenders. Generally, the court will first make every effort to work with minors in their own homes on probation.

Remember a juvenile accused of a crime is entitled to a lawyer and their attorney's advice should be obtained as soon as possible to make certain that the juvenile's legal rights are protected.

Return to Criminal Law Topics
Return to LawBytes Main Topics

The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.