When a child is arrested in Minnesota, the legal process can be overwhelming and frightening — both for the minor and their family. Juvenile crimes are handled very differently than adult offenses, but the consequences can still be severe and long-lasting.
At Martine Law, we help families navigate the juvenile justice system with clarity, strategy, and care. In this guide, we explain what happens when a minor is charged with a crime in Minnesota, what legal rights they have, and how parents can support them through the process.
Juvenile vs. Adult Crimes: What’s the Difference?
In Minnesota, individuals under age 18 are typically considered “juveniles” in the eyes of the law. This means their cases are handled in juvenile court, not adult criminal court. The primary goal of juvenile justice is rehabilitation, not punishment.
However, certain serious crimes can result in a minor being tried as an adult — especially if they are 16 or 17 years old.
Common Juvenile Offenses in Minnesota
Some of the most frequent offenses that bring minors into the system include:
- Shoplifting or theft
- Vandalism and property damage
- Underage drinking or DUI
- Drug possession
- Assault or fighting in school
- Cyberbullying or harassment
- Truancy or curfew violations
Some of these are classified as status offenses, meaning they are only illegal because of the minor’s age (e.g., curfew violations). Others are treated as delinquent acts, which are crimes that would also be illegal for adults.
What Happens After a Juvenile Is Arrested?
1. Detainment and Notification
If a minor is arrested, they may be temporarily detained in a juvenile detention facility or released to their parents or guardians. Law enforcement is required to notify the child’s parents immediately.
2. Detention Hearing
If the child is held in custody, a detention hearing must be held within 36 hours (excluding weekends and holidays) to determine whether the child will remain in detention.
3. Petition and Charges
Instead of a formal criminal complaint, the prosecutor files a petition that outlines the alleged offense. The juvenile then goes through a legal process that resembles a trial but is held in a closed courtroom.
The Juvenile Court Process in Minnesota
Juvenile cases follow a different path than adult trials:
Intake and Diversion
In some cases, especially for first-time or low-level offenses, the child may be referred to a diversion program rather than formal court. This allows the minor to avoid a juvenile record in exchange for completing certain requirements, such as:
- Community service
- Counseling
- Drug or alcohol education
- Writing an apology letter
Diversion programs are beneficial because they avoid long-term consequences and help rehabilitate the minor.
Adjudication Hearing
If the case proceeds formally, the juvenile will attend an adjudication hearing, which functions like a trial. A judge (not a jury) will decide whether the child committed the offense.
Disposition (Sentencing)
If the judge finds the child guilty, they move to the disposition phase, where consequences are decided. These may include:
- Probation
- Community service
- Mandatory counseling
- Restitution to victims
- Short-term detention
- Out-of-home placement (in more serious cases)
Can a Juvenile Be Tried as an Adult?
Yes. Under Minnesota law, if a minor is 16 or 17 years old and is charged with a serious felony (such as assault with a weapon, sexual assault, or homicide), the prosecution may ask for the case to be certified to adult court.
This is called certification, and if granted, the minor will face the same penalties as an adult, including potential prison time.
There is also a process called Extended Jurisdiction Juvenile (EJJ), where the juvenile is given a blended sentence. This means they are sentenced as a juvenile, but if they violate the terms or reoffend, they may face an adult sentence.
What Rights Does a Minor Have in Minnesota?
Just like adults, juveniles have certain constitutional rights, including:
- The right to remain silent
- The right to an attorney
- The right to a fair and speedy trial
- Protection against self-incrimination
- The right to confront witnesses
It’s critical that a child understands these rights, and that parents ensure they do not speak to police without an attorney present.
How a Juvenile Record Can Impact the Future
Many parents assume that a juvenile record “goes away” when the child turns 18. That’s not always the case. A juvenile record can:
- Show up on background checks
- Affect college applications and scholarships
- Impact employment opportunities
- Affect housing or military enlistment
In Minnesota, it may be possible to seal or expunge juvenile records, but it’s not automatic. Speak with a criminal defense attorney to understand your child’s options.
Learn more about record expungement here:
LawHelpMN – Juvenile Expungement
What Parents Should Do Immediately
If your child has been arrested or is under investigation, take the following steps:
- Remain calm and supportive. Your child needs reassurance and guidance.
- Do not allow your child to speak to law enforcement without legal representation.
- Hire a juvenile defense attorney who understands both the legal and emotional needs of minors.
- Keep records of all documents, charges, court dates, and outcomes.
- Follow court-ordered requirements to prevent additional legal issues.
How Martine Law Helps in Juvenile Crime Cases
At Martine Law, we treat juvenile cases with the care they deserve. Our goal is not just to protect your child’s legal rights, but also their future. We:
- Fight to keep cases out of adult court
- Push for diversion or probation over detention
- Negotiate with prosecutors and judges for the best outcome
- Work closely with families to support emotional and legal recovery
- Pursue expungement when appropriate
Contact our team today for a confidential consultation if your child is facing criminal charges in Minnesota.
Final Thoughts
When a minor is charged with a crime, it affects the whole family. While the juvenile justice system is more forgiving than adult court, the stakes are still high — and a conviction can follow your child into adulthood.
Understanding the process, knowing your rights, and hiring the right legal team can make all the difference.
Additional Resources: