Juvenile Criminal Defense in Memphis, Tennessee

The juvenile criminal justice system has many significant differences from the adult justice system.  One of the biggest differences is that in the juvenile system there is no such thing as a conviction.  If a child is found guilty, whether through a plea or a finding by the judge following trial, they are ruled to be delinquent.  This term reflects a long-standing principle of our legal system that juveniles are treated differently than adults, and that the stigma of a criminal conviction is to be avoided.  Nevertheless, juveniles who are found delinquent can face stiff and severe penalties. 

 This article deals specifically with the policies and procedures of the Shelby County Juvenile Court in Memphis, Tennesssee.  If you are outside of Memphis the procedure at your local juvenile court may be different.  How the case is handled may depend on the court, the specific judge, or the prosecuting attorney.  However, this article should answer most general questions about what happens when a juvenile is charged with delinquency.

 Misdemeanor offenses

The process that a juvenile and their family will go through, along with the potential punishment, is going to depend on the severity of the charge.  Where I practice in Memphis, Tennessee, children charged with less serious misdemeanor offenses will be released to their parent or guardian after being taken into custody and processed.  Sometimes the juvenile will simply be given a citation and then be free to go.  They will be told to appear at Juvenile Court a few weeks later, although this is not a formal court date in front of the judge.  This is a meeting with a Youth Services probation officer, and at this meeting the officer will determine how to handle the case. 

Juvenile Court probation officers have the authority and discretion to handle the case themselves, through their office, without referring the matter to the judge.  This is called an informal adjustment.  Usually this is for minor offenses involving first-time offenders.  For instance if a juvenile with no prior contact with the courts is charged with shoplifting or disorderly conduct, the probation officer may elect to handle the case informally.  This means that the case will not go before the judge, and the juvenile will not have to plead guilty or set the case for trial.  Essentially, the juvenile will be placed on unsupervised probation for a period of time, perhaps six months to a year.  At the end of the probationary period the charge will be dismissed and removed from the juvenile's record. 

Informal adjustment is certainly the easiest, most stress-free way to handle a case in Memphis Juvenile Court, but it is not available for all cases.  More serious misdemeanor offenses will be referred to the judge (or referee).  These types of cases can include assault and vandalism where restitution must be paid for medical bills or property damage.  Once the matter goes from the probation office to the courtroom it is generally handled the way a typical criminal case might be.  Counsel for the juvenile can negotiate with the prosecution, advise the juvenile of their rights and best options, and prepare for and conduct trial. 

Felonies

Felony offenses are handled much more differently.  If a juvenile is charged with a felony in Memphis they will be kept in custody until they have a detention hearing in front of the judge.  By law in Tennessee the detention hearing must be held within 72 hours excluding non-judicial days (holidays or weekends), and within 24 hours for unruly children. 

The detention hearing is essentially a bond hearing.  The judge will determine whether the child should be released, and under what conditions.  For all but the most serious cases the child will be released to their parent's or guardian's custody without a bond or with a minimal bond.  For violent or weapons-related cases, however, the child will be kept in custody without a bond. 

Following the detention hearing the child will likely be referred to the Juvenile Court's Evaluation and Referral Department (E&R) for counseling.  The E&R interview is usually scheduled a few days after the detention hearing, and is held at Juvenile Court.  There the E&R counselor will determine what services the child needs based on the crime for which they are charged, their previous history (if any) in Juvenile Court, and other factors.   

After E&R the case will go back before the judge to either be tried or settled through a negotiated plea.  Juvenile trials are conducted much like adult trials, but are less formal.  For instance there are no jury trials in Tennessee juvenile courts.  However, the prosecution must prove its case beyond a reasonable doubt, and the defense has the opportunity to confront and cross-examine the State's witnesses, as well as call its own witnesses. 

If the child pleads guilty to a felony offense, or is found guilty by the court following trial, the court then must sentence the child in what is called a disposition hearing.  What happens to the child is going to depend on the facts of the case and any prior contact with the court.  For instance, a juvenile client convicted of a non-violent felony such as vandalism or car theft, with no prior incidents, will likely be given a period of supervised probation.  They will be able to remain at home, attend school, and participate in extracurricular activities, but they will have to periodically meet with a probation officer, attend counseling, and pay restitution.  Another important factor in the disposition hearing is the juvenile's home life.  Testimony from the parent or guardian is important here.

For a more serious offense such as rape or aggravated robbery, especially where there has been previous contact with the court, the juvenile will be taken into the custody of the Department of Children's Services.  The length of custody could be from a few months to several years.  They will be sent to a facility for children (what used to be called reform school) where they will live, go to classes, and receive counseling.  For some violent crimes the juvenile may even be bound over to Criminal Court to be tried as an adult.  It is the policy of the District Attorney's Office in Memphis to bind over all 16 and 17-year olds charged with violent offenses such as armed robbery, carjacking, rape, or first degree murder.

For a Memphis juvenile criminal defense lawyer please contact attorney Patrick Stegall.