When a young person faces criminal charges, the stakes are especially high. Our
Mankato juvenile defense attorneys fight to protect their future opportunities.
When a young person is charged with a crime, the consequences can extend far beyond the immediate legal penalties. A juvenile record can affect college admissions, scholarship opportunities, military service eligibility and future employment. The juvenile justice system operates differently from the adult system, and Handling it requires specialized knowledge and experience.
At Birkholz Law, our attorneys have extensive experience representing juveniles in delinquency proceedings throughout Southern Minnesota. Attorney Sean Morris was one of a select few public defenders who regularly represented juveniles in criminal matters, giving him deep insight into the juvenile justice system and the unique challenges young people face.
We understand that young people make mistakes, and we believe in second chances. Our goal is to protect your child’s future while ensuring they receive fair treatment under the law. We work to keep cases in juvenile court when possible, pursue diversion programs, and fight for outcomes that prioritize rehabilitation over punishment.
Minnesota’s juvenile justice system is governed by the Minnesota Juvenile Court Act (Minn. Stat. Chapter 260B) and is fundamentally different from the adult criminal system. The juvenile system is designed to rehabilitate rather than punish, with a focus on the best interests of the child and public safety. Proceedings are generally confidential, and juvenile records are not public.
Juvenile court has jurisdiction over individuals who committed an offense while under the age of 18. The court can impose a range of dispositions including probation, community service, restitution, counseling, placement in a residential treatment facility and in serious cases, commitment to the custody of the Commissioner of Corrections.
Our attorneys understand the unique procedures and terminology of juvenile court, delinquency petitions rather than criminal complaints, adjudication rather than conviction, disposition rather than sentencing. We use this specialized knowledge to advocate effectively for young clients.
One of the most serious risks a juvenile faces is certification (also called waiver) to adult court. Under Minn. Stat. § 260B.125, the prosecution can petition to have a juvenile’s case transferred to adult court if the juvenile is 14 or older and is charged with a felony offense. If certified, the juvenile faces the same penalties as an adult, including prison time, and loses the confidentiality protections of juvenile court.
Minnesota uses a presumptive certification framework for certain serious offenses committed by juveniles 16 and older. For these cases, the burden shifts to the defense to prove that the juvenile should remain in juvenile court. Our attorneys fight aggressively against certification by presenting evidence of the juvenile’s amenability to treatment, their maturity level, their family and community support, and the availability of appropriate juvenile programming.
The certification decision is one of the most consequential in juvenile law. Our attorneys prepare thoroughly for certification hearings, retaining experts in adolescent development and psychology when necessary to support our arguments for keeping the case in juvenile court.
Many counties in Southern Minnesota offer diversion programs for juvenile offenders, particularly for first-time and non-violent offenses. Diversion programs allow the juvenile to avoid formal adjudication by completing certain requirements such as community service, counseling, restitution and educational programs.
Successful completion of a diversion program typically results in the charges being dismissed, which means no adjudication on the juvenile’s record. Our attorneys advocate for diversion whenever it is available and appropriate, and we work with probation officers and prosecutors to identify the best programs for each client.
For cases that do proceed through the court system, our attorneys advocate for dispositions that prioritize rehabilitation, such as probation with counseling, restorative justice programs and community-based treatment, rather than out-of-home placement or commitment.
Juvenile records in Minnesota are generally not public, but they are not automatically sealed or destroyed. They can be accessed by law enforcement, certain employers and other authorized parties. A juvenile adjudication can still affect college applications, military enlistment and certain employment opportunities.
Minnesota law provides for the sealing and destruction of juvenile records under certain circumstances (Minn. Stat. § 260B.198, subd. 6). Our attorneys help families understand when and how juvenile records can be sealed, and we pursue sealing whenever our clients are eligible.
It is important to address juvenile records proactively rather than assuming they will not be a problem. Our attorneys advise families on the long-term implications of juvenile adjudications and develop strategies to minimize their impact on the young person’s future.
A seventeen-year-old from a small town near Mankato is out with friends on a Friday night. They end up at a party where some older kids are drinking. He has a single beer, his first ever. On the way home, a friend in the backseat throws an empty bottle out the window, and it smashes on the street. An officer pulls them over. The officer smells alcohol on the main teen’s breath and sees the open container in the back. The teen is scared and confused. He doesn’t know his rights and answers all the officer’s questions, admitting he had a beer. He is cited for underage consumption and possession of alcohol. His parents are called, and they are terrified. They don’t know that a juvenile delinquency adjudication can have long-lasting consequences, and they consider just having him admit to the offense to get it over with. They don’t realize that this could impact his ability to get into college or find a job in the future.
What people in this situation often do wrong is fail to understand the seriousness of the charges and the potential for long-term consequences. They may talk to the police without a lawyer present, or they may agree to a plea deal without fully understanding the implications. They might think that because their child is a minor, the records will be automatically sealed and it won’t affect their future. This is a critical mistake. An attorney, in this situation, would immediately advise the teen and his parents of his right to remain silent. The attorney would investigate the traffic stop to see if it was lawful. They would challenge the evidence, such as the officer’s claim to have smelled alcohol, and they would negotiate with the prosecutor to get the charges reduced or dismissed. An attorney can also guide the family through the juvenile court process, explaining each step and ensuring the teen’s rights are protected.
A juvenile delinquency adjudication, even for a seemingly minor offense, can have significant and lasting consequences that extend far beyond the courtroom. These are known as collateral consequences, and they can affect a young person’s life for years to come. For example, a delinquency adjudication can make it more difficult to find housing. Many landlords run background checks on potential tenants, and a juvenile record can be a red flag, even if the record is sealed. This can limit a young person’s housing options and make it harder to find a safe and affordable place to live.
Employment is another area where a juvenile record can create barriers. Many employers also conduct background checks, and a delinquency adjudication can make it difficult to get a job, especially in certain fields. Some jobs, such as those in law enforcement or childcare, may be completely off-limits to individuals with a juvenile record. This can limit a young person’s career opportunities and earning potential. Furthermore, a juvenile adjudication can impact a person’s right to own a firearm. Under Minnesota law, a person who has been adjudicated delinquent for a crime of violence is prohibited from possessing a firearm until they are 30 years old. This can have a significant impact on a young person’s ability to hunt or participate in shooting sports.
‘If I have a permit to carry, I can carry my gun anywhere.’ Minnesota’s permit to carry, governed by Minn. Stat. § 624.714, has important limitations. You cannot carry a firearm in a school, a courthouse, a state hospital or on private property where the owner has posted a sign or personally notified you that guns are not allowed. Carrying in a prohibited location can lead to a gross misdemeanor charge and the revocation of your permit.
‘It was just in my trunk, so I wasn’t ‘possessing’ it.’ The legal concept of ‘possession’ is much broader than most people think. It includes both ‘actual possession’ (on your person) and ‘constructive possession’. Constructive possession means you had knowledge of the firearm and the ability to exercise control over it, even if it was in a car trunk, a glove box or your friend’s backpack. Prosecutors frequently use this doctrine to charge individuals who weren’t physically holding the weapon.
‘It’s just a state charge, so it won’t affect my federal rights.’ A state firearms conviction can and often does trigger federal prosecution. Under 18 U.S.C. § 922(g), it is a federal crime for anyone convicted of a felony in any court to possess a firearm. This means you can be charged and convicted in both state and federal court for the same act of possession, a concept known as dual sovereignty. Federal penalties are often harsher and served in prisons far from home.
Educational opportunities can also be affected. Some colleges and universities ask about juvenile delinquency history on their applications, and an adjudication can negatively impact a student’s chances of being accepted. It can also affect their ability to receive financial aid. For non-citizen youth, a delinquency adjudication can have serious immigration consequences, including deportation. Finally, a juvenile adjudication can have an impact on family life. It can strain relationships with parents and siblings, and it can create a sense of shame and stigma for the young person. these consequences are very real and can have a lasting impact on a young person’s life.
‘A juvenile record is automatically sealed when the child turns 18.’ This is one of the most common and dangerous misconceptions about the juvenile justice system in Minnesota. The reality is that juvenile records are not automatically sealed. In many cases, a juvenile record can follow a person into adulthood and create significant barriers to housing, employment and education. A person must petition the court to have their juvenile record sealed, and the court will only grant the petition if certain conditions are met. It is a complex legal process that requires the assistance of an experienced attorney.
‘Juvenile court is not as serious as adult court.’ While it is true that the juvenile justice system is focused on rehabilitation rather than punishment, it is a mistake to think that juvenile court is not a serious matter. A juvenile delinquency adjudication is a formal legal finding that a young person has committed a crime. It can result in a variety of sanctions, including probation, fines, and even out-of-home placement. And as we have seen, it can have significant and lasting collateral consequences. It is a serious legal proceeding with serious potential outcomes.
‘If my child is innocent, they don’t need a lawyer.’ This is another dangerous misconception. The juvenile justice system is complex, and it is easy for a young person and their family to make mistakes that can have serious consequences. A prosecutor’s job is to convict, and they have the resources of the state at their disposal. An experienced juvenile defense attorney can level the playing field. They can protect your child’s rights, challenge the evidence, and negotiate with the prosecutor to get the best possible outcome. Even if your child is innocent, they need a lawyer to ensure their rights are protected and they get a fair hearing.
‘My child will be tried as a juvenile, not an adult.’ While most cases involving minors are handled in juvenile court, there are certain circumstances under which a child can be ‘certified’ to stand trial as an adult. This is most common in cases involving serious felony offenses, such as murder or assault. If a child is certified as an adult, they face the same penalties as an adult, including a lengthy prison sentence. It is a very serious matter that requires the immediate attention of a skilled defense attorney.
In Minnesota, young people accused of a crime have specific rights that are protected by both the United States and Minnesota Constitutions, as well as by state law. One of the most important of these is the right to an attorney. Under Minn. Stat. § 260B.163, subd. 4, a child has the right to be represented by an attorney at all stages of the juvenile delinquency proceedings. If the child’s parents cannot afford an attorney, the court will appoint one for them. This is a critical right, as an experienced attorney can ensure that the child’s other rights are protected and that they receive a fair hearing.
Another important right is the right to remain silent. This right is guaranteed by the Fifth Amendment to the United States Constitution and is applicable to juveniles in Minnesota. A child has the right to refuse to answer questions from the police, and they cannot be punished for exercising this right. It is almost always in a child’s best interest to remain silent and to speak with an attorney before talking to the police. This is because anything a child says to the police can be used against them in court.
Juveniles also have the right to a trial. Under Minn. Stat. § 260B.163, a child has the right to a trial before a judge to determine whether they are delinquent. At the trial, the prosecutor must prove beyond a reasonable doubt that the child committed the offense. The child has the right to confront and cross-examine the witnesses against them, and they have the right to call their own witnesses. These are important procedural safeguards that are designed to ensure a fair and accurate outcome.
Finally, juveniles have the right to have their records sealed. As we have discussed, a juvenile record is not automatically sealed in Minnesota. However, under Minn. Stat. § 260B.171, a person can petition the court to have their juvenile record sealed. If the court grants the petition, the record is treated as if it never existed. This can be a powerful tool for helping a young person move on from a past mistake and build a successful future. An attorney can help a person handle petitioning the court to have their record sealed.
Winning a juvenile delinquency case requires a thorough understanding of the law, the facts, and the unique procedures of the juvenile court system. One of the most effective defense strategies is to challenge the legality of the initial stop or search. The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures, and this protection extends to juveniles. If the police did not have a valid reason to stop or search a child, any evidence they found may be suppressed. This is known as the exclusionary rule, and it can be a powerful tool for getting a case dismissed. For example, in the case of *In re Welfare of G.M.*, the Minnesota Supreme Court suppressed evidence found during a search of a student’s backpack because the school official did not have a reasonable suspicion to believe the student was violating the law.
Another effective defense strategy is to challenge the sufficiency of the evidence. The prosecutor has the burden of proving beyond a reasonable doubt that the child committed the offense. A skilled defense attorney will carefully review the evidence and look for weaknesses in the prosecutor’s case. They may be able toshow that the evidence is unreliable, or that there is an alternative explanation for what happened. For example, in a case involving an allegation of assault, the attorney may be able to show that the child was acting in self-defense.
In some cases, it may be possible to negotiate a favorable plea agreement with the prosecutor. This is often the case when the evidence against the child is strong. A plea agreement can allow a child to avoid the risk of a trial and to receive a less severe sanction. For example, a child may be able to plead guilty to a lesser offense, or they may be able to participate in a diversion program. A diversion program is a voluntary program that allows a child to avoid a delinquency adjudication by completing certain requirements, such as community service or counseling. Under Minn. Stat. § 260B.171, a child who successfully completes a diversion program is entitled to have their record sealed.
Finally, it is important to present a positive image of the child to the court. The juvenile court is focused on rehabilitation, and the judge is more likely to be lenient with a child who is taking responsibility for their actions and who is committed to making positive changes in their life. A defense attorney can help a child and their family present a compelling case for rehabilitation. They can gather letters of support from teachers, coaches, and other community members. They can also help the child develop a plan for the future that shows they are serious about turning their life around.
Minnesota’s juvenile court has jurisdiction over children age 10 and older who are alleged to have committed a delinquent act. Children under 10 cannot be charged with a crime but may be subject to child protection proceedings.
A juvenile adjudication is not technically a ‘conviction’ and does not result in a criminal record in the same way an adult conviction does. However, juvenile records do exist and can be accessed by certain parties. Our attorneys work to minimize the impact of juvenile proceedings on your child’s record.
Yes, under certain circumstances. Minnesota allows certification to adult court for juveniles 14 and older who are charged with felony offenses. The decision depends on factors including the seriousness of the offense, the juvenile’s age, prior record and amenability to treatment. Our attorneys fight aggressively against certification.
Absolutely. Even though the juvenile system is designed to be rehabilitative, the consequences of an adjudication can be significant and long-lasting. An experienced juvenile defense attorney can protect your child’s rights, advocate for the best possible outcome, and help minimize the long-term impact on their future.
A juvenile delinquency proceeding is a civil matter, not a criminal one. The goal of the juvenile justice system is to rehabilitate the child, while the goal of the adult criminal justice system is to punish the offender. As a result, the procedures and sanctions in juvenile court are different from those in adult court. For example, juveniles do not have the right to a jury trial, and the sanctions are focused on rehabilitation rather than incarceration.
EJJ stands for Extended Jurisdiction Juvenile. It is a special category of juvenile offender that is created by Minn. Stat. § 260B.130. An EJJ is a child who has been charged with a serious felony offense and who is considered to be a risk to public safety. An EJJ is given a stayed adult sentence, which means that if they violate the terms of their juvenile disposition, they can be sent to adult prison. It is a very serious matter that requires the immediate attention of a skilled defense attorney.
Yes, but there are limits. The United States Supreme Court has held that students have a legitimate expectation of privacy in their personal belongings at school. However, the Court has also held that schools have a legitimate interest in maintaining a safe and orderly learning environment. As a result, school officials can search a student’s locker or backpack if they have a reasonable suspicion to believe the student is violating the law or a school rule. This is a lower standard than the probable cause standard that applies to police searches.
A diversion program is a voluntary program that allows a child to avoid a delinquency adjudication by completing certain requirements, such as community service, counseling, or a letter of apology. If the child successfully completes the program, the charges are dismissed and the record is sealed. Diversion programs are a great way for a child to take responsibility for their actions and to avoid the long-term consequences of a delinquency adjudication.
Yes, but it is not a good idea. The police are allowed to question a juvenile without a parent present, but the child has the right to remain silent and the right to an attorney. It is almost always in a child’s best interest to exercise these rights and to not speak to the police without an attorney present. This is because anything a child says to the police can be used against them in court.
Under Minn. Stat. § 260B.171, a person can petition the court to have their juvenile record sealed. The court will only grant the petition if certain conditions are met. For example, the person must be at least 18 years old, they must not have been adjudicated delinquent for a felony offense, and they must have completed their sentence. It is a complex legal process that requires the assistance of an experienced attorney.
Contact Birkholz Law today for a consultation about juvenile defense
in Mankato, Minnesota.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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