What Happens When a Minor Is Arrested? A Step-by-Step Overview
The juvenile justice system in Maryland operates differently from the adult system, but it still places immense pressure on young people and their families.
At Advocates for the Voiceless in Riverdale Park, Maryland, we understand how overwhelming it can be for families when a child gets arrested.
Our goal is to help you understand what happens when a minor is arrested, how the legal process unfolds, and what options may be available. Here, we’ll walk through the entire process, highlighting where a strong criminal defense can make a significant difference in a child’s future.
Initial Contact with Law Enforcement
When a minor is suspected of committing a crime in Maryland, law enforcement officers may either arrest the child on the spot or issue a citation requiring them to appear in court.
Officers have discretion in these situations, and in some cases, they may choose to release the child to their parents instead of making a formal arrest. However, even a release does not mean that the matter is over.
Law enforcement will still file a report, and the juvenile system may initiate further proceedings. It's during this early stage that involving criminal defense counsel can help protect the child from unnecessary consequences.
Booking and Detention
If the minor is taken into custody, they’ll be brought to a juvenile facility for intake. This process involves recording the child’s information and the alleged offense. Unlike adult jails, juvenile detention centers are designed to hold minors separately and with different protocols.
In Maryland, the intake officer evaluates whether to detain the child, release them to a guardian, or refer the case to the Department of Juvenile Services (DJS) for further review.
This evaluation often happens quickly—sometimes within hours—and it sets the tone for what comes next. Having an advocate from the beginning is crucial. A solid criminal defense can present mitigating information to keep the child from remaining in detention.
The Juvenile Intake Process
After initial intake, the case goes to a juvenile intake officer at the Department of Juvenile Services. This officer decides whether the matter should proceed formally to juvenile court, be resolved informally, or be dismissed altogether.
The intake officer may recommend informal supervision, especially for first-time or low-level offenses. This allows the child to participate in community service, counseling, or other programs instead of facing formal adjudication.
However, if the officer believes court involvement is necessary, they’ll file a petition, and the case proceeds to juvenile court. At this stage, a knowledgeable criminal defense helps weigh the pros and cons of accepting informal supervision or proceeding with a formal hearing.
Detention Hearing and Release Options
If the minor remains detained after arrest, Maryland law requires a detention hearing within 24 hours (excluding weekends and holidays). During this hearing, a judge determines whether the child should stay in detention or be released while the case is pending.
Judges will consider several factors, such as whether the minor is a danger to themselves or others, or whether they’re likely to return for future court appearances.
A persuasive criminal defense presentation at this hearing can often secure release by showing the child’s ties to the community, school attendance, and support system at home.
Formal Petition and Adjudication
When a petition is filed, the juvenile case proceeds much like a trial but without the same terminology. There’s no “guilt” or “innocence.”
Instead, the court determines whether the allegations in the petition are “sustained,” meaning that the minor committed the offense. This is called an adjudicatory hearing. The prosecution must still prove the allegations beyond a reasonable doubt.
As criminal defense attorneys, we challenge the state’s evidence, present witnesses, and argue for dismissal when appropriate. The rules of evidence apply in juvenile court, and an aggressive defense approach can prevent a sustained finding that could follow a child for years.
Disposition Hearing
If the court finds the allegations true, the case moves to a disposition hearing—Maryland’s version of sentencing. Dispositions vary widely based on the severity of the offense and the child’s history. Possible outcomes include probation, restitution, counseling, drug treatment, or commitment to a juvenile facility.
Judges have broad discretion in crafting dispositions, and this is where strong criminal defense advocacy can influence the final result. Evidence of the child’s rehabilitation efforts, academic progress, and family support can sometimes reduce the likelihood of a harsh sentence.
Sealing and Expungement
In Maryland, juvenile records don’t automatically disappear when a child turns 18. These records can impact future opportunities in college admissions, job searches, and military enlistment.
However, certain juvenile records may be eligible for sealing or expungement under Maryland law. Once the case is closed and a period of time has passed without new offenses, you can file to have the record sealed, preventing most parties from accessing it.
When Cases Are Transferred to Adult Court
Although rare, some juvenile cases are transferred to adult court in Maryland. This usually happens when the offense is very serious, such as a violent felony, and the child is of a certain age—typically 16 or older.
A hearing must be held before the transfer, and the judge considers factors like the child’s maturity, the circumstances of the offense, and whether the juvenile system can meet their needs. A criminal defense strategy focused on rehabilitation, support networks, and prior conduct can often tip the balance in the child’s favor.
Parental Involvement and Obligations
When a minor is involved in the juvenile justice system, Maryland law gives parents a central role. They’re usually required to attend hearings and may be asked to participate in counseling or supervision plans. In some situations, parents could be held financially responsible for restitution or treatment costs.
When parents understand their rights and responsibilities, they can help their child avoid repeat contact with the system.
How Maryland’s Juvenile System Differs from the Adult System
While there are some parallels between juvenile and adult systems, Maryland’s juvenile system has different goals. It focuses more on rehabilitation than punishment. That said, the consequences are still real, and a sustained petition can limit a child’s educational and personal opportunities.
Criminal defense in juvenile court requires a different approach—one that protects legal rights but also highlights growth, potential, and the availability of resources to help the child turn things around.
After a minor is arrested in Maryland, here are some steps you can take:
Stay calm and don’t allow the minor to speak to law enforcement without counsel present
Contact a criminal defense attorney with juvenile experience immediately
Attend all intake and detention hearings and participate in the process
Gather school records, medical history, and letters of support for court presentation
Work with your lawyer to explore informal supervision options if available
Attend all court dates and maintain communication with probation officers if applicable
Ask about sealing or expungement when the case concludes
Following this course of action can help you prepare for whatever the future may hold.
Long-Term Consequences and Rehabilitation
Even though juvenile records are confidential to a degree, they can still come up in background checks for certain government jobs or security clearances. Some colleges may also ask about juvenile adjudications. Rehabilitation must be a priority from the beginning, not something added on at the end.
Reach Out to Us Today
At Advocates for the Voiceless, we know that having a child arrested can shake your entire household. We take every juvenile case seriously because we know how quickly things can escalate without the right support. Our approach to criminal defense is personal, thorough, and focused on the future.
No child should be written off due to a mistake, and no family should feel alone while facing the juvenile court process. We’re here to defend your rights and protect your child’s future every step of the way. We’re proud to serve Riverdale Park, Maryland, and the surrounding areas. Call today.
