Juvenile Court Jurisdiction in Massachusetts
Juvenile Court Jurisdiction
In Massachusetts, Juvenile Court Proceedings are not criminal in nature and, in accordance with G.L. c. 119, §53, are to be:
... liberally construed so that the care, custody and discipline of the children brought before the court shall approximate as nearly as possible that which they should receive from their parents, and that, as far as practicable, they shall be treated, not as criminals, but as children in need of aid, encouragement and guidance. Proceedings against children under said sections shall not be deemed criminal proceedings.”
The juvenile court has jurisdiction over children between the ages of 7 and 18 who are alleged to have any offense against a law of the Commonwealth, or local ordinance. G.L. c. 119, §52.
The Juvenile Court also has jurisdiction over individuals charged with contributing to the delinquency of a minor G.L. c. 119, §63 and Aiding and abetting/harboring or concealing a child G.L. c. 119, §63A.
The Juvenile Court does not have jurisdiction over youth between the ages of 14 and 18 charged with first or second degree murder, which are prosecuted in adult court. G.L. c. 119, §74.
Other juveniles are subject to so-called "Youthful Offender Eligibility" pursuant to G.L. c. 119, §54, which allows for prosecuting a child between the ages of 14 and 18 who:
- is charged with a felony, and
- was previously committed to DYS; or
- is charged with a violation of c. 269 § 10 (a),(c), (d) or §10E (gun cases); or
- is charged with a felony which involves the “infliction or threat of serious bodily harm.
To determine whether a charge involved the “infliction or threat of serious bodily harm” the court looks to the facts of each case and not to the elements of the charge.
As parents, our first instinct is to protect our children (sometimes from themselves) and to put them in the best position to succeed in the future. Even juvenile charges can damage the reputation of the child, effect their educational status and possibly their freedom. In many cases, a delinquency finding can carry commitment to a DYS facility. It is critical to contact an experienced attorney as soon as possible. Our attorneys have decades of experience defending juveniles accused of all criminal charges and have reputations as aggressive advocates and fine attorneys.
Free Consultation on Any Juvenile Charges
If you would like to speak about your case and get an expert opinion, please call or text us at any time at 617-723-4163, email at inquiry@equitas.law or use our contact form, above. We will listen to the facts of your case, address your concerns and let you know what your options are.
The initial consultation is free and there is no pressure to hire. If you choose to hire us, we will give you a reasonable fee agreement, including possible payment options.
Criminal Defense FAQ
As a criminal defense lawyer, the fact that you clicked this accordion drives me crazy!
NO, you shouldn't! At least not without a lawyer after careful consideration.
Think about it. The police have a job, which is to solve crimes and bring criminal charges. The only reason for them to call you is because they are looking for evidence and there is no better evidence than your statement. Very often, they are calling you because they don't have enough evidence to charge you yet and they're looking to make their case with your statements.
They are not your friends. They are not trying to help you. There is nothing to "clear up". They will not go away if you just admit it and take responsibility.
Seriously, don't speak to the police without consulting a criminal defense lawyer first. It may be that we ultimately decide to give a statement, but only if it will help your case and after careful consideration!
First, unless you have committed a very serious crime, the chances of you going to jail are minimal (especially if you hire a good attorney). In any event, this is not something that typically would happen until many months down the road.
We're not going to lie to you, if the prosecution can meet the burden of proof on your case, there will be consequences, ranging from a slap on the wrist to jail time. Our job is to minimize the consequences and to eliminate them, if possible.
Of course, this depends on the charges, your criminal history and many other factors, so please feel free to reach out and we can give you a more specific answer.
No, no, no, no no! Even if you decide to eventually take responsibility, your lawyer should negotiate the best deal possible. What this means depends entirely the circumstances of your criminal charge, but very often you can take responsibility and still avoid a permanent criminal record. It may also involve:
- Pre-Trial Probation or Pre-Trial Diversion
- An outright Dismissal of your charges upon payment of court costs
- A Continuation Without a Finding, including the length and terms of your probation (after which the case is dismissed)
- A period of straight probation without a jail or state prison sentence
- A suspended sentence, where a sentence is imposed, but not served unless probation is violated
- A lesser sentence to jail or prison and less severe conditions upon release
This is to say nothing of the fact that your case may be winnable on a motion to dismiss or at trial!
In many cases, yes. Some cases have issues that may justify a Motion to Suppress or a Motion to Dismiss for lack of evidence.
Others can and should be taken to trial, or call for a plea as soon as possible so the client can move on with their life.
The decision on what to do really depends on the facts of the case and your individual goals.
This is why it is important to speak to an experienced Massachusetts criminal attorney who can quickly evaluate your specific case to see if there are any issues worth pursuing.
Related Content:
Strategy and Potential Issues in Massachusetts Criminal Cases
As a criminal defense lawyer, the fact that you clicked this accordion drives me crazy!
No, do NOT talk to the police without a lawyer. They are not your friends. They are not trying to help you. They will not go away if you just admit it and take responsibility.
Their job is to gather evidence of crimes and there is no better evidence than your statement.
It may be that we ultimately decide to give a statement, but only if it will help your case and after careful consideration!
It is very possible that you can avoid a criminal record, especially if you don't have a significant criminal history and and it is a relatively minor offense.
The answer to this question is very case-specific, depending on the facts of your case and what we decide to do with it.
A vast majority of our criminal cases cases are handled on a flat fee basis, ranging from a clerk-magistrate's hearing to superior court or federal court cases.
All we can tell you is that we are always up front and honest, and will treat you fairly. We're also willing to work with you on payments if we can, as this is not all about the money.
Of course, it is prefereable to have an attorney at the arraignment, but don't panic! First, you can call or text me at any time and I may be able to be there. If not, take a look at this link for all the information you need:
Where you can find us
1583 Beacon Street • Brookline • MA 02446
Contact us anytime, 24/7. If we're up, we're responding!
