Criminal Defense Lawyer Blog
Juvenile justice reform continues to be a hot button issue in Annapolis, as lawmakers recently debated measures to decrease the number of cases where minors are charged as adults. In previous legislative sessions gun laws and marijuana dominated the criminal justice headlines, but state policy on these topics is somewhat settled for now. Juvenile justice however is a fluid issue, with strong arguments coming from both sides. Last year numerous State’s Attorney’s Offices lobbied for decreasing the age of juvenile criminal jurisdiction for certain non-violent crimes from 13 to 10. That law passed and went into effect in October. Now Public Defenders and other lobbyists from around the state are seeking to eliminate the direct filing of adult charges for 16 and 17-year-old juveniles in many offenses, including some violent felonies. If the bill passes these teens would be charged in juvenile court and then see a magistrate judge for a detention hearing rather than a bail review. Their cases would then be on the juvenile timeline, which is generally much quicker than an adult case.
Senate Bill 422 seeks to increase the juvenile court’s jurisdiction over 16 and 17-year-olds who are charged with numerous crimes such as robbery, firearm possession and assault in the first degree. Current Maryland law requires teens in this age group to be charged as adults if they are arrested for these crimes and others such as third-degree sexual offense, attempted robbery and all crimes involving possession or the use of a firearm. These juveniles are arrested and booked into the adult jail facilities pending a bail review, and many are initially held without bail. Juveniles held without bail have the opportunity to request detention in a secure juvenile facility, but transfer could take several days. A large percentage of these direct filed cases end up in juvenile court by agreement of the attorneys or if the judge grants a motion for reverse waiver to juvenile court, but this process could take several months.
An experienced juvenile criminal defense lawyer should file for the reverse waiver immediately upon being retained, but there are still unavoidable delays in setting matter for a hearing. The Department of Juvenile Services must first complete a study and provide this information to the Court. DJS often fails to meet the deadlines imposed by the Court, and in some jurisdictions DJS completes the study but the hearing is set way down the road. On average, juveniles charged as adults will wait about 5 months for cases to be resolved or transferred to juvenile courts. Those in favor of changing the law argue that this 5-month wait costs the state millions of dollars due to the high cost per day of detaining a juvenile and the slow nature of the transfer process. This argument does not factor in the percentage of juveniles who are released pending a waiver transfer hearing.
The arguments against the bill mention public safety concerns and the fact that the juvenile justice system is already overloaded with cases. The State’s Attorney for Baltimore County argued that financials are a wash, and that the law would present a public safety risk. In reality the bill might not have much of a financial or public safety affect. If the bill passes, the most serious juvenile cases will likely end up being transferred to adult court upon filing of a transfer motion by the State. This would of course create more work for State’s Attorney’s Offices, as the ball would be in their court as opposed to the defense’s court when it comes to requesting transfer. In direct filed adult court cases for a 16 or 17-year-old defendant where the facts are not overly alarming the juvenile will is likely to be released and have his or her case transferred. This of course requires competent representation, which is never assumed. Either way, it will be interesting to see how the bill progresses. The Blog will post a follow up article as we enter Spring and the final phases of the 2025 legislative session. If you need a Maryland juvenile defense attorney, contact Benjamin Herbst anytime for a free consultation at 410-207-2598. Benjamin has secured the release and transfer of dozens of juvenile clients. He fights to protect the futures of all juveniles charged with crimes in Maryland and is standing by to discuss your child’s case. Benjamin handles firearm offenses, robbery, assault in the first degree, attempted murder, carjacking, sex crimes. He also specializes in recalling warrants, detention hearings, bail reviews and violations of probation.
Resources:
Lawmakers debate bill to end automatic charging of juveniles in Annapolis, foxbaltimore.com.