Criminal Defense Lawyer Blog
Juvenile crime was a hot topic during the last Maryland legislative session, and a controversial criminal law from that session is now in effect. Since 2022 with the passage of juvenile justice reform, juveniles under the age of 13 were not permitted to be charged with a crime unless it was an offense classified as a crime of violence under Maryland law. Crimes of violence include carjacking, robbery, assault in the first degree and attempted murder. Rather, these children were required to be immediately released to a guardian upon being arrested, and in many cases there were children who the police knew were involved in crimes but never arrested due to their age. Those lobbying for change argued that older children would frequently induce their younger friends, neighbors and classmates to commit crimes for them. This included a dramatic spike in car thefts in Baltimore City and County that gained nationwide media exposure after a child was accused of upwards of ten motor vehicle thefts without being charged for a single one. Younger children, like this child, were thus placed in more harm than exposure to the juvenile system could ever cause. Lawmakers agreed and passed legislation that lowered the minimum age to for when a child could be charged for certain non-violent offenses to 10.
The list of crimes includes handgun possession and other firearm offenses, felony animal cruelty and certain sex offenses such as sex offense in the third degree. Other modifications to the existing juvenile justice policy include adding a provision that requires respondents in juvenile delinquency cases to be placed on GPS monitoring if released from detention on a felony. Juveniles facing misdemeanor charges will not be permitted to be detained unless the offense involves firearm possession or in cases where the juvenile has a history of more than two delinquency findings. Respondents who are charged with motor vehicle theft may also be summoned to appear in court for CINA proceedings where DJS could be ordered to intervene in the child’s home life.
Juvenile justice reform has been a highly controversial topic since the pandemic, as certain juvenile offenses have skyrocketed over the last few years. Carjacking, firearm possession and motor vehicle theft continue to receive the most attention, but overall juvenile complaints rose 75% from 2021 to 2023. Firearm offense numbers are particularly alarming, as reports indicate juvenile handgun violations are up more than 200%.
The Blog will continue to follow all major developments in juvenile justice reform and will follow up with future articles as news comes out of Annapolis. If your child has been charged with a crime contact Maryland juvenile crimes lawyer Benjamin Herbst anytime for a free consultation at 410-207-2598. Benjamin is a state and federal criminal defense attorney who specializes in juvenile delinquency proceedings for all crimes including firearm possession by a minor, motor vehicle theft, robbery and carjacking. He also has extensive experience with juvenile waiver hearings in cases where your 16 or 17-year-old child is charged as an adult. Benjamin is available 7 days a week to discuss your case and is standing by to represent your child at a detention hearing on short notice. He takes on cases in all Maryland jurisdictions from the Eastern Shore to Washington County, and offers flexible payment plans for all criminal representations.
Resources:
Controversial changes to Maryland’s new juvenile justice reform law take effect, wbaltv.com.