Complete Topic List

     

Juvenile Rights

Your Rights As A Juvenile

If you are questioned by law enforcement and you are not free to leave you have the right:

  1. To remain silent.
     
  2. To an attorney or parents to be present.
     
  3. If you cannot afford an attorney you may have one appointed to represent you.
     
  4. Right to deny any charges and require the State to prove any charges against you beyond all reasonable doubt.
     
  5. If you are driving a car and you are stopped by law enforcement for DUI and law enforcement asks to take an intoxilyzer test you have the limited statutory right to consult with counsel or his parents because allowing R.P. a reasonable opportunity to speak to his parents would not have materially interfered with administration of the Intoxilyzer test.
     
  6. No right to a jury trial if you are a juvenile
     
  7. If you are found guilty of committing a crime against a person under the age of 12 you maybe required to register as an offender.
     
  8. You have a right to appeal any final decision of the Court.
     
  9. North Dakota does not have a law that allows you to voluntarily be emancipate
     
  10. You are not required to give your phone password to law enforcement unless they have a search warrant requiring you to give it.

Basic Terms Involved In Juvenile Proceeding Including The Following:

Petition  - The State must serve this on a juvenile and parents, it shows what ‘crimes’ the State is alleging you committed and when you need to show up for a court hearing.

Crime - A juvenile is not charged with a crime like an adult, instead a juvenile can be cited for unruly conduct, status offense or delinquent conduct. Unruly means you are acting up and not listening to your parents , status offense means it is a crime only someone under 18 can commit ex. curfew, smoking, runaway, minor in possession. Delinquent conduct means you committed a particular crime that if you were an adult you would be charged with it, example assault.

Initial appearance - You will receive a notice when you are suppose to go to court. SHOW UP, and ask for a lawyer! If you don’t a pick up order will be issued.

Adjudication - This is your trial. If you deny the charges the Court will set it for an adjudication hearing, this is when the State must provide its case beyond all reasonable doubt. You have a right to be silent, you have the right to a lawyer, right to question witnesses, right to have witnesses appear on your behalf.

Disposition - This is your sentence. If you lose your adjudication hearing, the Court will then proceed to disposition to try and figure out what is in your ‘best interest’. This could be released home, informal probation, formal probation, placement with the County Social Services, placement with Division of Juvenile Services.

Shelter care - This is when County needs to place you out of the home because of safety concerns for you on a temporary basis.

Deprivation - This is when the County alleges that your parent is unable to provide proper care for you and asks the court to place you out of the home because of safety concern for you up to one year.

Juvenile Drug Court - Juvenile Drug Court is a program for juveniles who have a delinquent history and addition problem and is in the process of being placed out of the home.. The JDC is by invitation only and it allows a child to remain at home subject to very specific requirements. If you think you qualify for JDC ask your Juvenile Court about the application process.

Indian Child Welfare Act (ICWA)

If you are enrolled member of a Federally recognized Tribe or eligible for enrollment, the ICWA applies to you. The ICWA may not apply to allegations of delinquent conduct.
 

Disclaimer: This information is not legal advice. If you have a legal problem, you should talk to a lawyer and ask for advice about your options.

January 2019
Published by Legal Services of North Dakota
Cite: ND Century Code