How a Felony Charge Can Impact Your Child in Minnesota

If a juvenile (less than 18 years old) is charged with a felony in Minnesota, long-term, serious consequences can follow him or her for years to come if the child is found guilty. The juvenile court system handles most juvenile cases, though exceptional cases are referred to adult courts.

The Juvenile Justice System in Minnesota

Minnesota classifies anyone aged between 10 and 17 as a juvenile. Juveniles are subject to special court procedures and the laws and penalties they face are typically different than those faced by adult offenders. The juvenile court system generally has jurisdiction over felonies committed by persons younger than 18. It is possible, however, for a juvenile offender to be tried as an adult in the adult court system.

If a juvenile is found guilty of a felony offense, he or she will face penalties permitted under the court’s jurisdiction. The penalties include:

  • placement in a juvenile detention center or enrollment in a specialized school for juvenile offenders
  • probation
  • fines
  • counseling
  • restitution or community service
  • home detention or placement in foster care

Juveniles Charged in Adult Courts

Sometimes juvenile courts decide that adult courts should handle felony cases involving minors. This often happens when the child involved has a history of criminal conduct and/or is facing charges for a particularly dangerous offense. Juvenile courts can only refer children aged above 14 to adult courts because Minnesota law considers children below 14 to be legally incapable of committing a crime. A juvenile who is tried and convicted as an adult in the adult court system could be sent to prison.

Collateral Consequences of Juvenile Felony Convictions

A felony conviction as a juvenile can haunt a person for the rest of his or her life. When a juvenile is convicted of a felony offense, federal and state laws and municipal ordinances may cause barriers to arise in opportunities for future employment, housing, education, and even the exercise of civil rights.

A felony record could bar a person from taking advantage of government housing assistance, working with vulnerable people in health care, child care, or foster parenting, obtaining a job at a public school, enlisting in the military, or holding a position in law enforcement. He or she may also be banned from possessing firearms, traveling internationally, or even voting.

Additionally, the stigma associated with felony convictions can lead employers and landlords to reject applicants without cause.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.