| ABUSED
CHILDREN [1] |
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If you are abused or neglected, you can be considered a
Child in Need of Assistance (CINA).
This means that the state will become involved and make
decisions about where you will live and with whom you will
live.Child Protective Services with the Department
of Social Services handles these cases. For more information
on what is considered abuse or neglect in Maryland, as well
as a list of important telephone numbers, visit the
Maryland
Department of Human Resources' Child Protective Services at http://www.dhr.state.md.us/cps/.
If you are designated as a "CINA"
case, you will be entitled to your own attorney.
[1] For more information, see the
Family section of this site.
| CHILDREN
IN NEED OF SUPERVISION (CINS) |
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You are considered a Child
in Need of Supervision if you:
- routinely do not go to school;
- cannot be controlled by your parents;
- are a danger to yourself or others;
- violate curfew; or
- generally refuse to follow rules ("ungovernable").
These cases are referred to the Department of Juvenile
Services. The County Attorney (or City Solicitor) handles
these cases; the Prosecutor's Office usually does not
get involved.
| THE
JUVENILE SYSTEM - HOW IT WORKS |
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What
is the purpose of Juvenile Court?
- To provide care, protection, and wholesome mental
and physical development of children coming within
the provisions of the law;
- To provide for a program of treatment, training,
and rehabilitation consistent with the child's best
interests;
- To protect the public interest;
- To remove from delinquent children the taint of
criminality and the consequences of criminal behavior;
and
- To conserve and strengthen the child's family ties
and separate a child only when necessary for his
welfare or in the interest of public safety.
How do you get into the system?
You will
enter the system in any of the following ways.
- A citizen files a complaint about you with the Department
of Juvenile Services;
- A law enforcement officer files a report about you
with the Department of Juvenile Services; or
What steps should you take if you are caught doing
something illegal?
Ask for an attorney and for your parents. You do
not have to say anything to a police officer without
an attorney or your parents present.
What happens if you are arrested?
- You have the same rights
as adults - the right to remain silent and the
right to an attorney.
- Your parents or guardian are notified immediately;
- If you are not released to your parents, you are
sent to the detention facility.
- A hearing is scheduled
the following day to figure out if there is
"probable cause" to believe that you committed
the crime; if there is enough evidence to believe you may have
committed the crime, you could be held until the
trial (adjudicatory or merits hearing).
Who decides whether you will be released to your
parents or whether you will have to stay in the
Detention Facility?
A judge makes this decision. The judge listens to
what law enforcement officers are recommending,
and the judge also considers:
- How severe the crime was;
- Your past record;
- How cooperative you have been;
- How cooperative your parents have
been;
- How hard it was to arrest
you;
- Whether you are a danger to anyone;
- Whether your parents are willing
to take you home.
What happens if your
case is a "delinquency" case?
Delinquency cases are also called
criminal behavior, criminal wrongdoing, or law-breaking
cases.
The
state's attorney
will get involved
in your case.
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If you are guilty, the judge will
decide whether you need supervision, treatment,
or rehabilitation.
The judge can also decide whether
you should be committed to a
juvenile detention
facility or be placed on probation.
Will you be treated as an adult?
Will adult rules and punishments be used in your
case?
You will most likely go to juvenile
court, unless you commit a very serious crime. If
you have committed a serious crime, the regular
Circuit Court will hear your case and determine
whether you go to jail or get other punishment.
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If your case falls into any of the
following categories, it may be handled in adult criminal
court: |
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1.
If you are 16 years or
older at the time of the offense, and you are charged
with any of the following offenses:
- carjacking
- kidnapping
- second degree murder (or attempt),
- manslaughter (or attempt)
- second degree rape or sex offense
(or attempt)
- third degree sex offense
- robbery with a deadly weapon (or
attempt)
- first degree assault
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2.
If you are 14 years or
older at the time of the offense, and you are charged
with committing a crime punishable by death or life
imprisonment:
- first degree murder or attempted
first degree murder
- first degree rape or attempted
first degree rape
- first degree sex offense or attempted
first degree sex offense
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3.
If you are 16 years or older
and you are charged with possession, transportation,
or use of a handgun (includes
all crimes arising out of
the same incident.)
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4.
"Waiver":
You could also end up in adult criminal
court by a process known as "waiver."
There are two types of waiver: "waiver up"
and "waiver down."
- Waiver Up: If you have reached the age of
15, the juvenile court may send the case to adult
criminal court where adult penalties apply.
- Waiver Down: If you are automatically charged
as an adult, you have the right to ask the adult
court to send the case to juvenile court.
If you are 16 or 17 years old and charged
with murder, you are
not eligible for waiver down.
The judge considers the following factors when deciding
whether to allow a waiver up or down:
- Your age
- Your mental/physical condition
- Whether you will agree to treatment
- The nature of the crime committed and how much
you participated in it
- The public safety
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How long will your arrest,
charge, and conviction stay on your criminal record?
Forever. However, only certain
people will be able to see it under limited circumstances.
You can try to have it removed through a process
called "expungement." |
| STAYING
OUT OF TROUBLE |
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What if you know that some
of your friends are going to do something illegal?
If you help with any part of the criminal activity, you
could be found to be an "accessory before (or after)
the fact," and could face criminal penalties. When
in doubt, tell the police and/or your parents.
Can you get in trouble for
doing something wrong, even if you are under 18?
Yes. You are subject to the same criminal laws as adults.
The only difference would be in the type of punishment
you receive and whether your file is open for everyone
to see until, or after, you turn 18.
In addition, your parents could
have to pay for damage and fines as a result of your actions,
which will get you in even more trouble.
What if you do something illegal
at school?
You can face criminal charges and penalties. Your school
board can take action against you. You could have to pay
fines.
What if you did not know you
were doing something illegal?
Ignorance of the law is not an excuse or defense. You
are still in trouble, even if you didn't know that what
you were doing was illegal.
What if you get caught for
something your friends did?
You can still be in trouble. You will have to speak
with your lawyer and tell him or her what really happened.
Then you will still have to talk with a prosecutor and
likely go before a Judge or Master.
A police officer is allowed to look in your car or search
you if they reasonably
suspect that you
have done something illegal. School officials are
allowed to look in your locker
whenever they wish. Some
school policies describe this in more detail.
How can you stay away from
gangs at your school and in your neighborhood?
- Keep active in school activities;
- Keep your family involved in your daily activities and
interests;
- Tell teachers, counselors, school officials, family,
and any other trusted adult about problems you are having
with gangs.
- Keep in mind: Joining a gang won't help you fit
in, be part of the cool group, or have protection from
other people. Gangs are dangerous, and many people are
injured and killed every day as a result of them.
If you are in a gang, how
do you get out?
- Focus on your school work, sports, and what you want to
do later in your life.
- Think about what you want to be when you grow up.
Ask
a teacher or guidance counselor what steps you need to
take to get there, and then get yourself in motion. There
are many resources out there to help you become strong
enough to get out of a gang, but it has to begin with
you.
- You have to know that you have a strong future without
the gang.
- Talk to your favorite teacher, your parents, your sports
coach, your religious leader, or anyone else you respect.
What can happen to you if
you get into a fight or punch someone for doing something
wrong to you or a friend?
You can be charged with second degree assault because
it is a criminal offense to have any unwanted offensive
physical contact with another person.
Examples:
- Allen (age 15) walks up to Bobby (age 16) and punches
Bobby in the head. Allen is guilty of second degree
assault.
- Amanda (age 13) pulls Betty's hair (age 12). Amanda
is guilty of second degree assault.
- Alfonso and Brian are playing basketball. Alfonso
bumps into Brian and knocks him down while going for
the ball. Alfonso is not guilty of second degree assault
because Brian consented to physical contact when he
started playing basketball; playing sports inherently
involves some physical contact.
What can happen to you if you
are just defending yourself after someone else hits you
first? Self defense is a defense to the crime
of assault as well as many crimes against other people.
You have to meet four requirements to successfully argue
self defense:
- You actually believed that you were in immediate danger of bodily harm;
- Your belief was reasonable;
- You must not have been the aggressor or the person
who started the fight; and
- You used no more force than was reasonably necessary
to defend yourself from harm.
Keep in mind: the person the law considers the
aggressor can change in an instant.
Examples:
- Charles runs at Donald with his fist clenched to
try to punch him. Donald has done nothing to provoke
this physical attack. Donald can use physical force
to prevent Charles from attacking him.
- Charles runs at Donald with his fist clenched to
try to punch him. Donald has done nothing to provoke
this physical attack. Donald pushes Charles to the ground.
Charles gets up and begins to run away. As he is running
away Donald trips Charles and he falls. Donald is guilty
of second degree assault and cannot use self defense
to protect him from criminal liability because Donald
became the aggressor when he tripped Charles after Charles
was trying to break off his attack.
| HELPFUL
LINKS |
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The site for the Department of Juvenile
Services:
http://www.djs.state.md.us/
Check out the Maryland Judiciary's Kids' Page at:
http://www.courts.state.md.us/kidspage/index.html
The site for Maryland State's Attorneys (Prosecutors):
http://www.mdsaa.org/State's%20Attorneys.htm
A site that gives information on crime fighting:
http://www.kids.gov/k_crime.htm
Federal Agencies that Fight Crime:
FBI's Kids page:
http://www.fbi.gov/fbikids.htm
Bureau of Alcohol, Tobacco and Firearms:
http://www.atf.gov/kids/index.htm
Department of Justice:
http://www.usdoj.gov/kidspage/
http://www.usdoj.gov/usao/eousa/kidspage/
Sites that give information on the
problems with drugs and gangs:
http://www.freevibe.com/
http://teenadvice.about.com/od/youthgangs/
A site that gives information on Safe Communities:
National Crime Prevention Council -- Teens, Crime, and
the Community
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