In some counties, this separation between juvenile proceedings and those involving criminal charges against adults is actually handled through a distinct set of courts, called the “Juvenile Courts.” In other areas, the general sessions courts hear juvenile cases but handle those matters according to the Rules of Juvenile Practice and Procedure. The laws that apply to juvenile cases are also typically different from those that would apply if an adult were accused of the same actions (although the criminality of the action if carried out by an adult can be an important factor in determining how a delinquency case involving a juvenile progresses).
Text or give us a call at 901-527-6518 to get answers to your juvenile defense questions from one of the Memphis defense lawyers at the McDaniel Law Firm.
Juvenile cases are divided into two types, depending on whether the complaint in each case alleges a delinquent juvenile or an unruly juvenile. For the purposes of determining whether juvenile proceedings should apply, Tennessee treats anyone under the age of 18 as a child, while the criteria for differentiating between unruliness and delinquency are set out in Tenn. Code Ann. § 37-1-102(b)(34) and Tenn. Code Ann. § 37-1-102(b)(11), respectively (note that Chapter 1 of Title 37 contains an alphabetized list of definitions relevant to juvenile cases). The distinctions between these two types of cases can matter to the stakes of the proceedings and the legal options a juvenile court has for resolution.
In the counties where dedicated juvenile courts have been established by statute to handle cases of delinquency and unruliness, these courts will also frequently handle a number of other legal matters that touch on the welfare of a minor. Juvenile courts have what is known as “exclusive” original jurisdiction over cases alleging unruly or delinquent juvenile conduct. They also hold concurrent jurisdiction with other Tennessee courts over such matters as child custody and child support. The complexity that can sometimes come into play with concurrent jurisdiction means that sometimes, when our attorneys at the McDaniel Law Firm are representing the minor in a juvenile defense case, we will need to coordinate with the counsel of the child’s parents or guardians who are currently moving through a related domestic relations case.
If a case enters the juvenile courts after divorce proceedings that involve custody over the child, alleged to be unruly or delinquent, have already begun in a court of record, the scope of the juvenile court’s authority over permanent custody orders may be limited by the superior authority of the court of record. Juvenile courts have exclusive original jurisdiction over cases alleging child dependency, abuse, or neglect, even when those matters are brought up in the context of divorce proceedings.
“Delinquent” juvenile cases are ones in which a minor is accused of committing an act that would constitute a crime under Tennessee law if carried out by an adult. Cases are brought on the basis of an “unruly” juvenile for what are called “status” offenses: that is, acts that are only prohibited because the person engaging in those acts is a child. There are, in a sense, adult equivalents for delinquency; there are no adult equivalents for unruliness because the rules that an unruly juvenile violates do not apply to adults. Examples in the “unruly juvenile” category include running away from home (or from foster care) and truancy. Note that the nature of truancy, in particular, is such that a parent or guardian’s conduct may also be implicated in an unruly juvenile case alleging truancy.
The Rules of Juvenile Practice and Procedure differ from those used in the Tennessee civil and criminal courts, in which matters involving only adults are tried. Consequently, if a child is required to attend court on allegations of delinquency, it is important for that child to be represented by an attorney who has familiarity with these specific rules and requirements. Court rules are very clear about the significance of preserving a child’s right to representation.
Although there are a number of differences between juvenile court rules and those that prevail in adult trials, probably the most meaningful is the goal toward which juvenile court proceedings are directed as a matter of course. As we have briefly mentioned, the criminal justice system prosecutes adults accused of violating the state’s laws with a view toward punishing offenders and, in some instances, ensuring that those guilty of an offense spend a designated period of time in community service, providing the public at large with a benefit that is at least notionally intended to be equal to the harm caused by the original offense.
The goal of proceedings in the juvenile courts is to intervene in a child’s development so as to “rehabilitate” a minor before they get set on an ominous trajectory. As a result, the outcome of juvenile court proceedings is not generally intended to be directly punitive, although some minors can chafe under the closer watch their parents or guardians will likely keep on their activities in the months following a delinquency proceeding. Even decisions related to an unruly child allegation can result in stricter parental monitoring that many young people may experience as onerous, even if its purpose is their well-being.
In most legal matters concerning minors, Tennessee courts emphasize what is known as the “best interests of the child” standard, a rule that essentially means that the court’s decision must prioritize the best interests of the child in any decisions that would affect that child. Even the parties to a dispute over child custody are expected to put the best interests of the child or children involved foremost, although the difficulty many individuals engaged in a custody dispute have in doing this is one of the reasons why the judges in these cases uphold the best interest standard so strictly.
Juvenile defense lawyers have a very different obligation toward their minor clients. An attorney representing a minor before any of Tennessee’s juvenile courts is bound to pursue not the best interests of the child, but the child’s expressed interest. What this means is that, even if the outcome the child wants is not, in the attorney’s judgment, in that child’s best interest, the attorney is still expected to advocate for the outcome in which the child has expressed an interest. Often, of course, the “best interest” and the “expressed interest” of the child in a juvenile defense case may coincide, but it is important to recognize that it is the expressed interest that the attorney must pursue.
In Tennessee, a juvenile case involves someone under the age of 18. These cases are handled in a separate legal system with different rules and goals than adult criminal cases.
A delinquent juvenile is accused of an act that would be a crime if committed by an adult. An unruly juvenile is accused of a “status offense,” such as truancy or running away, which only applies to minors.
Juvenile courts focus more on rehabilitation than punishment. The goal is to guide the child toward better outcomes rather than impose the same penalties used in adult criminal cases.
Yes. Juvenile cases follow specific rules and procedures, and having an attorney can help ensure your child’s rights are protected and their case is handled properly.
Yes. While juvenile cases are handled differently than adult cases, the outcome can still impact a child’s future, including school, opportunities, and court involvement. It is important to address the case carefully.
It’s important to act quickly. Speaking with a juvenile defense attorney can help you understand the process, your child’s rights, and the best way to move forward.
You can schedule a consultation with us by calling our office directly or filling out the contact form on our website. We offer initial consultations to discuss your legal issues and determine how we can assist you.
The specific requirements associated with juvenile defense can lead to a number of complexities and challenges for both minors accused of delinquency or unruliness and those who are attempting to care for them. At the McDaniel Law Firm, we always aim to establish rapport with our minor clients in order to get an understanding of their perspective. Understanding where the child is coming from and how he or she arrived at the circumstances that led to an allegation of unruliness or delinquency provides us with crucial insights to use as we act as the minor’s advocate before the court. While the expressed interest standard means the outcome sought will depend heavily on the wishes of the child involved in the case, the central goal is always to find a solution that gives a young person the support they need to thrive in the present and establish the framework for sound decision-making in their future. Minors and guardians can learn more by calling or texting our office at 901-527-6518.
