FAQ CATEGORY - OTHER TYPES OF FEDERAL CASES - TREATMENT OF JUVENILES IN FEDERAL COURT
I am a juvenile. Can I be prosecuted in federal court?

Yes.  Under the Federal Juvenile Delinquency Act (“FJDA”)(18 United States Code §§ 5031-5042), juveniles may be charged in federal court for a variety of serious offenses.

What is the Federal Juvenile Delinquency Act?

The purpose behind the FJDA is to remove juveniles from the ordinary criminal federal court  process in order to avoid the stigma of a prior criminal conviction and to instead encourage treatment and rehabilitation. The act only applies to individuals alleged to have committed a violation of federal law before their 18th birthday, or for purposes of proceedings and dispositions under the Act, for an alleged act of juvenile delinquency by a person who has not attained their 21st birthday.

What does it mean to be treated under the Federal Juvenile Delinquency Act?

The FJDA provides a non-criminal process for the treatment of juveniles who are subject to federal jurisdiction for committing an alleged act which violates a federal law, and would have been a crime if committed by an adult.  The act provides rehabilitation for the offense, rather than punishment.

I am a juvenile who has been taken into custody for allegedly committing an act of juvenile delinquency. Will my parents be notified?

Yes.  Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise the juvenile of his/her legal rights, in language that is understandable to the juvenile, and shall immediately notify the Attorney General and the juvenile’s parents, guardian, or custodian of such custody.

I am a juvenile who has been taken into custody for allegedly committing an act of juvenile delinquency. The arresting officer wants to talk with me. What should I do?

You should not do or say anything without first speaking to your parents, guardian, custodian or lawyer.  Make sure the arresting officer has notified your parents, guardian or lawyer about your arrest.

I am a juvenile charged with an act of juvenile delinquency. What will happen at my first court appearance?

A magistrate judge will make sure that you are represented by counsel before proceeding with your case.  A lawyer will be assigned to represent you if you, your parents or guardian, or custodian are financially unable to retain a lawyer.

I am a juvenile charged with an act of juvenile delinquency. Do I have the right to a jury trial?

No.  While a criminal defendant in federal court enjoys a Sixth Amendment right to a jury trial, this right applies only to criminal prosecutions.

I am a juvenile charged with an act of juvenile delinquency. Are my parents entitled to participate in interviews with my attorney or make decisions for me?

No.  The same attorney-client protections apply to juveniles as they do to adults.  Therefore, parents of juveniles charged with a federal offense do not have a right to be present at the interviews of their children with their attorneys and do not have the authority to make decisions about their child's case.

I am a juvenile who has been found to be a juvenile delinquent. What happens next?

If the court finds a juvenile to be a juvenile delinquent, the court shall hold a disposition hearing concerning the appropriate disposition (sentence) no later than 20 court days after the juvenile delinquency hearing unless the court has ordered further study pursuant to subsection (d) of 18 USC 5037

I have been adjudicated a juvenile delinquent. Can I appeal this finding?

Yes.  While the FJDA does not specifically state that a juvenile has the right to appeal adjudication of delinquency, courts have held that the Act does give a juvenile in the federal court system the same rights as an adult defendant in a criminal case.

I have been adjudicated a juvenile delinquent. How can I expect to be sentenced?

The maximum term of official detention to which a juvenile may be sentenced under the FJDA is the lesser of the period until the juvenile turns 21 years old or the maximum that could be imposed under the United States Sentencing Guidelines.  See also United States v. Juvenile, 347 F.2d 778 (9th cir. 2003); and 18 USC 5037(c).

I have been adjudicated a juvenile delinquent. Can I have the record of my court proceedings sealed?

Yes.  During the course of any juvenile delinquency proceeding, all information and records shall not be disclosed to anyone other than the judge, counsel for the juvenile, and the Government, or others entitled to receive juvenile records.  See also 18 USC 5038.