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Delinquency matters include any Felony, Gross Misdemeanor, Misdemeanor, and Petty Misdemeanor offenses that a person less than the age of eighteen (18) is alleged to have committed.
The State will file with District Court a Petition or Citation with the alleged charge.
The child and the child’s parent or guardian will be notified by U.S. Mail if a court appearance is necessary.
At the time of the first appearance the parent/guardian may apply for the services of a court appointed attorney if the level of offense qualifies.
If the charge is proven, the court may make a finding of delinquent and the child may be adjudicated delinquent.
Juvenile criminal matters may include Extended Jurisdiction Juvenile (EJJ) where the child may have a stayed adult sentence until the child's 21st Birthday, and the child is placed on extended probation. (See Minnesota Rules of Court Rule 19 and M.S. 260B.130)
In some cases, juvenile court can certify a child to stand trial as an adult. Adult certification procedures are initiated by motion of the prosecuting attorney after a delinquency petition has been filed. Juveniles must be at least fourteen (14) years old to seventeen (17) years old and the alleged offender must meet certain criteria in order for the motion for adult certification to be filed.
If a child is certified as an adult, juvenile court’s jurisdiction terminates and the matter is transferred to adult court. (See Minnesota Rules of Court Rule 18 and M.S. 260B.125.)
Generally, juvenile cases are confidential. However, the petition, probable cause statement and hearing in felony matters are public record if the juvenile was at least sixteen (16) at the time the alleged offense was committed.