How juvenile cases start
Juvenile cases usually begin with a complaint to a juvenile court counselor. The counselor reviews the complaint and decides whether to close it, divert it to a plan or program, or approve it for filing as a petition in juvenile court. This early stage is important. What happens before a petition is filed can shape the whole case.
Talk to a lawyer before your child speaks with police or school officials about the accusation.
Schools sometimes involve a school resource officer, who is a law enforcement officer. A conversation with that officer is not the same as a talk with a teacher or principal, even if it happens in a school office. Parents should ask to be present and should call a lawyer before any questioning about a crime.
Raise the Age
North Carolina’s Raise the Age law moved most cases involving older teens from adult court to juvenile court. Some serious felony charges can still be moved to superior court, which is adult court. Traffic offenses and some other matters follow different rules.
Whether a case stays in juvenile court or moves to adult court makes a large difference in the possible consequences and the record that follows. We look at transfer issues early.
Juvenile court is different
- Hearings are generally closed to the public.
- A judge, not a jury, decides the case.
- The finding is called an adjudication, not a conviction.
- The outcome is called a disposition, and it is meant to fit the needs of the child.
- Juvenile records are generally confidential, though they can be seen by some agencies and courts.
The State still has to prove the case beyond a reasonable doubt. Your child has the right to a lawyer, the right to remain silent, and the right to challenge the evidence.
Parents are part of the process, but the lawyer represents the child. We keep parents informed and involved, while protecting what the child shares with us.
Possible outcomes
We never promise a result. Depending on the facts and the child’s history, outcomes may include diversion before a petition, dismissal, a finding that the State did not prove its case, or a disposition such as supervision, counseling, community service, or restitution. More serious outcomes are possible in serious cases. Juvenile records may later be eligible for expunction.
Diversion can be a valuable option. A diversion plan or contract may require counseling, community service, an apology, or other steps, and if the child completes it, the complaint may not go forward as a petition.
School and the future
A juvenile charge can affect school discipline, sports, college applications, and future jobs. School discipline and juvenile court are separate processes, and what a child says at school can be used in court. We help families think about both.
The steps of a juvenile case
- Complaint and intake. A juvenile court counselor reviews the complaint and decides what happens next.
- Secure custody hearing, if the child is held. A judge decides whether the child can go home and on what conditions.
- First appearance and probable cause, in some cases.
- Adjudication hearing. The judge decides whether the State proved the allegations beyond a reasonable doubt.
- Disposition hearing. If the allegations are proved, the judge decides what plan or consequences fit the child.
Parents are expected to attend hearings and may be ordered to take part in parts of the plan. We explain each step before it happens.
Encourage your child to stay in school, follow any release conditions, and stay away from the people and places connected to the accusation. Judges notice those things at disposition.
How we help families
We meet with the parent and the child, explain the process in plain words, and tell you the hard truth about the risks. We investigate the accusation, talk with the juvenile court counselor when appropriate, and prepare for every hearing. We explain our fee in writing before you hire us.
Call (336) 281-2008 or request a consultation. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
What is Raise the Age in North Carolina?
Raise the Age is a North Carolina law that moved most cases involving older teens from adult court to juvenile court. Some serious felony charges can still be moved to adult court. Whether a case stays in juvenile court is an important early question.
Are juvenile records public in NC?
Juvenile court records are generally confidential and hearings are usually closed. Some agencies and courts can still see them, and some juvenile records may later be expunged.
Should my child talk to the police?
Your child has the right to remain silent and the right to a lawyer. Before your child answers questions from police about an accusation, talk with a criminal defense lawyer.
Can a juvenile case be transferred to adult court?
Yes, in some serious felony cases. A lawyer can address transfer issues and argue for the case to remain in juvenile court when possible.