When a young person is charged with a crime, the stakes are high—not just legally, but for their entire future. In Maryland, whether a child is tried in juvenile court or adult court can make a big difference in how the case is handled, what the possible outcomes are, and how that young person’s record will affect them down the line.
At Southern Maryland Criminal Defense, we’ve helped many families navigate the juvenile justice system and understand the complicated rules that determine when a juvenile case stays in juvenile court—and when it doesn’t. Here’s what you need to know if your child or a loved one is facing criminal charges in Maryland.
What Is the Juvenile Justice System?
The juvenile justice system in Maryland is designed to focus on rehabilitation, not punishment. The goal is to hold young people accountable while giving them a real opportunity to grow, change, and move forward.
In general, juvenile court handles cases involving individuals under the age of 18 who are accused of committing what would be a crime if committed by an adult. These are called “delinquent acts.”
If a juvenile is found responsible for a delinquent act, the court doesn’t sentence them to jail or prison the same way an adult might be sentenced. Instead, the judge might order:
- Community service
- Probation
- Restitution to victims
- Counseling or therapy
- Placement in a juvenile facility (in more serious cases)
Juvenile records are also more protected than adult records. In many cases, they can be sealed or expunged once the case is closed and the young person has moved on with their life.
When Are Juveniles Charged as Adults?
Not all juveniles are handled in the juvenile system. In Maryland, there are certain circumstances when a young person—sometimes as young as 14—can be charged as an adult. This can happen in one of two ways:
- Automatic (Original) Jurisdiction: For certain serious crimes, the law automatically places the case in adult court if the child is 16 or older. These crimes include:
- First-degree murder
- Rape
- Armed robbery with a firearm
- Carjacking
- Certain gun offenses
- Discretionary Waiver: Even if the case starts in juvenile court, a judge can transfer it to adult court if the child is 15 or older and the judge believes the child is not likely to be rehabilitated in the juvenile system.
It’s also possible for a case that starts in adult court to be transferred back to juvenile court. This is called a “reverse waiver,” and it’s something we routinely advocate for when it’s in the client’s best interest.
Key Differences Between Juvenile and Adult Proceedings
Here are the most important differences between how cases are handled in juvenile vs. adult court in Maryland:
| Factor | Juvenile Court | Adult Court |
|---|---|---|
| Focus | Rehabilitation | Punishment |
| Terminology | “Delinquent act,” “adjudication,” “disposition” | “Crime,” “conviction,” “sentence” |
| Trial | No jury – judge decides | Right to jury trial |
| Record | More protected – can often be sealed or expunged | Public record – harder to expunge |
| Sentencing | Treatment, probation, juvenile detention | Jail or prison, probation, fines |
Juvenile proceedings are more informal and often move faster than adult cases. However, just because the process is different doesn’t mean it’s less serious—especially when the child is at risk of being removed from the home or detained in a secure facility.
Why It Matters
The consequences of being charged—and especially convicted—as an adult can follow a young person for the rest of their life. A conviction can affect:
- College admissions
- Job opportunities
- Housing options
- Military eligibility
- Immigration status
That’s why we fight hard to keep cases in juvenile court whenever possible and to protect our clients’ rights every step of the way.
In some cases, we may seek a reverse waiver to move a case out of adult court and back into juvenile court. The court considers several factors in that decision, including:
- The child’s age and maturity
- The seriousness of the offense
- Prior record, if any
- Amenability to treatment
- The safety of the public
This is not an automatic process. It requires persuasive legal arguments, a deep understanding of the law, and often testimony from experts.
What Should Parents Do?
If your child is facing charges—whether in juvenile or adult court—it’s critical to have an experienced defense attorney on your side right away. Do not wait to see how things play out. Juvenile court moves quickly, and adult charges require an immediate, strategic response.
At Southern Maryland Criminal Defense, we know how stressful it is to have a child facing the legal system. We’ve stood beside families in Charles, St. Mary’s, Calvert, and Prince George’s Counties, helping them understand their options and fight for a better future.
Final Thoughts
The difference between juvenile and adult court in Maryland can be the difference between a second chance and a permanent record. Whether your child made a mistake or is being wrongly accused, they deserve an advocate who will protect their rights and help them move forward.
If your child is in trouble, we’re here to help. Call us today for a confidential consultation.
