Being under 18 does not always mean a criminal case will stay in juvenile court. Maryland law allows certain serious offenses allegedly committed by older juveniles to begin in adult criminal court. Whether that happens depends largely on the child’s age and the offense charged. In some cases, the defense can ask the court to transfer the matter to juvenile court through a process commonly known as a reverse waiver.
Are Juveniles Normally Tried in Juvenile Court in Maryland?
Generally, yes. Most allegations involving conduct that would be criminal if committed by an adult are handled as juvenile delinquency matters. Maryland Circuit Courts sit as Juvenile Courts for these proceedings.
The juvenile justice system differs significantly from adult criminal court. Its focus includes rehabilitation, treatment, supervision, and addressing the needs of young people while still considering accountability and public safety.
Maryland law, however, creates important exceptions for certain serious offenses.
When Can a Juvenile Be Charged as an Adult in Maryland?
Under Maryland Courts and Judicial Proceedings § 3-8A-03, Juvenile Court lacks jurisdiction over certain cases based on the child’s age and the alleged offense.
Depending on the circumstances, cases that may begin in adult court include allegations involving murder, certain serious violent crimes, armed robbery, carjacking, firearm offenses, and specified sexual offenses.
The age thresholds are not identical for every offense. That means the name of the charge alone does not necessarily answer the question of whether a child belongs in adult court.
One of the first legal questions in a serious juvenile case should therefore be whether the child’s age and the specific offense actually place the case outside ordinary juvenile jurisdiction.
Can an Adult Criminal Case Be Transferred Back to Juvenile Court?
Yes, in some cases. Being initially charged as an adult does not necessarily mean the case must remain in adult criminal court. In eligible cases, the criminal court may return the case to the juvenile court after considering the child’s circumstances and the alleged offense.
When deciding whether an eligible case should be transferred, the court considers factors that include:
- The child’s age
- Physical and mental condition
- Amenability to treatment or rehabilitation
- The nature of the alleged offense
- Public safety considerations
A reverse-waiver request, therefore, involves more than merely pointing out that the accused is young. The child’s development, treatment needs, education, family circumstances, prior history, and available rehabilitative services may all help the court determine which system is more appropriate.
For families, this can be one of the most consequential stages of the case because the decision determines whether the child proceeds through Maryland’s juvenile system or remains in adult criminal court.
Why Does Juvenile Court vs. Adult Court Matter?
Where the case is heard can substantially affect what happens next.
Juvenile Court is structured around rehabilitation and individualized services. If a child is adjudicated delinquent, the court determines an appropriate disposition, which may include supervision, counseling, treatment, community-based services, or placement.
Adult criminal court operates under a different sentencing system and can expose a young person to adult criminal penalties and broader long-term consequences.
The court system in which the case proceeds may also affect detention, records, and how the matter is handled as the young person enters adulthood.
For parents, the question of jurisdiction can be just as significant as the underlying allegations.
What Happens if the Case Remains in Adult Court?
If the case is not eligible for reverse waiver or the court denies a transfer request, the matter generally proceeds through the adult criminal justice system.
That means the case follows adult procedures involving arraignment, discovery, motions, plea negotiations, trial, and sentencing if there is a conviction.
Being prosecuted as an adult does not mean the State has proven the charge. Prosecutors still carry the burden of proving every required element, and the defense can challenge the evidence just as it would in another criminal case.
What Should Parents Do if Their Child’s Case Is in Adult Court?
Start by determining exactly where the case was filed and why. Keep charging documents, court notices, and paperwork from police or the Department of Juvenile Services.
Parents should also discourage their child from discussing the allegations with friends or posting about the incident online. Messages, videos, and social media content can become evidence.
One of the first questions a juvenile defense attorney should evaluate is whether adult court has jurisdiction and, if it does, whether a transfer to Juvenile Court is available. If reverse waiver is possible, information relevant to the child’s rehabilitation and individual circumstances may need to be developed for the court.
Talk to an Annapolis Juvenile Crimes Defense Attorney
If your child is facing serious charges in Maryland, Hartman Attorneys at Law can help your family determine which court has jurisdiction, whether transfer to Juvenile Court may be available, and what to expect as the case moves forward. The sooner you contact us, the better we can protect your child’s rights and future.