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How the Adult and Juvenile Criminal Processes Are Different

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In Maryland, juvenile criminal cases are handled differently from adult cases. The systems operate under completely distinct priorities, rules, courts, and possible outcomes. 

Knowing these differences is crucial for a young person in Frederick County, MD, accused of a crime and their entire family as they prepare for what comes next. 

Maryland’s Juvenile Justice System

Maryland’s juvenile process is intentionally designed to offer kids and teens an opportunity for reform rather than using straightforward discipline. It prioritizes rehabilitation, supervision, and services over punishment, connecting youth with resources like counseling, skill-building, and therapy.

Court records and hearings are typically confidential, and records are often sealed or removed, facilitating the minor’s future reintegration into society. Many jurisdictions also offer diversion programs to keep youth out of the formal court system entirely, focusing instead on restorative justice and community-based interventions. 

Family participation is typically integral to successful outcomes; most courts encourage or even require parental involvement and home-based supervision.

The Role of the Maryland Department of Juvenile Services

The Maryland Department of Juvenile Services (DJS) is the executive agency responsible for managing, supervising, and treating youth involved in the juvenile justice system. Under Maryland law, DJS is required to manage and supervise all detained youth in the juvenile justice system. The goal of DJS’s various detention programs is to keep the youth and the community safe and ensure that the youth appear for their court dates.

DJS utilizes a Comprehensive Treatment Model, which aligns a youth’s recommended treatment hours with the youth’s risk for recidivism and treatment needs, ensures a youth’s service access considerations are identified and accommodated, identifies the unique strengths of a youth to create an individualized treatment service plan; and promotes partnerships with the youth, family, and other stakeholders to support youth’s treatment progress.

Adult Criminal Justice System

The adult system’s primary focus is on punishment, deterrence, and public safety. Jail or prison is a very real possibility for adults, with sentences that can range from a few days to life in prison. Sentencing is often ‌based on what the court deems an appropriate punishment for the offense, rather than focusing on the defendant’s potential for reform.

Adult criminal records often carry additional, permanent, and public real-world consequences, significantly affecting employment, housing, professional licensing, and future opportunities. While expungement may be available in some cases, criminal histories and records tend to be far more damaging for adults than for juveniles.

Family and support input may exist, but aren’t necessarily part of the process.

Juvenile System vs. Adult System in Maryland

The path that brings youths into the justice system looks quite different from the way adults face criminal charges in Maryland. Understanding these beginnings is helpful for anyone involved in the justice system. 

Juvenile Process

Juvenile cases sometimes start through a referral. Referrals often come from the police after an incident or arrest. However, school officials, concerned community members, or parents can also make a referral.

Following a referral, the initial significant step involves a DJS intake review to screen for risk and underlying needs before advancement. If the matter seems minor or can be easily managed with community support or supervision, DJS might decide to dismiss the case. A dismissed case won’t enter the court system at all.

In some situations, the teen is assigned informal supervision rather than appearing before a judge. This involves checking in with a caseworker, sometimes along with requirements like community service or counseling. If DJS decides the incident is too severe or if prior interventions have failed, they’ll file a formal court petition, officially starting a juvenile court case.

Adult Process

The process for adults carries much harsher consequences. An adult typically enters the justice system after being arrested by law enforcement or being served with a summons to appear in court. Prosecutors commonly file formal criminal charges directly after an arrest.

Adults can face overnight lockup, detention until bail is set, and the possibility of a permanent criminal record. In contrast to the juvenile process, punitive outcomes are more common than diversionary or rehabilitative ones.

The language and procedures used in juvenile court often differ significantly from those in adult criminal court.

Juvenile Adjudication

In juvenile court, the formal hearing is called an “adjudication,” not a trial. If the judge finds the facts presented are sufficient, the minor is “adjudicated delinquent,” which is comparable to an adult “guilty” verdict.

However, the focus remains on services and supervision rather than on punishment alone. Juveniles have rights, including the right to an attorney, but certain adult rights—like the right to a jury trial—do not typically apply.

  • Courts may order a youth to be detained either in the community or in one of five secure juvenile detention facilities operated by DJS. Most youth are detained in the community under DJS supervision. However, serious offenses, repeated violations, or cases involving threats to public safety can still mean time spent in a juvenile detention center or placement outside the home.

Adult Trials

Adult cases proceed to a “trial,” where the defendant can plead guilty or not guilty. Trials often involve a jury (if the charges allow it and the defendant requests it), and the prosecution has the burden of proof — “beyond a reasonable doubt.” If convicted, the adult is found “guilty” and faces a formal sentencing hearing where punishment is the primary consideration.

Contact Alpert Schreyer Criminal Defense Attorneys for a Free Consultation With a Frederick County Criminal Defense Attorney Today

Regardless of age, having skilled legal counsel is essential. At Alpert Schreyer Criminal Defense Attorneys, our attorneys have a proven track record of success representing clients facing a wide range of criminal charges in both the juvenile and adult criminal justice systems.

For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.

We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:

Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7

Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7

Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7

Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771

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