Federal Juvenile Crimes

If your child has been accused of a federal crime that happened before he or she turned 18, federal law treats the case differently from an adult case. The special rules are in the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 5031–5042. Most young people charged this way are handled as juveniles, with much lower maximum penalties. But in some cases a teenager can be tried as an adult, so the first steps matter.

The stakes for a young person accused of a federal crime are high, and a federal juvenile charge deserves the same careful attention as a federal charge against an adult. Criminal Center represents young people and their families in federal criminal cases.

What counts as a federal juvenile case?

Under 18 U.S.C. § 5031, “juvenile delinquency” means breaking a federal law before turning 18, when the act would be a crime if an adult did it. A young person charged this way is usually not treated as an adult for the trial or the sentence.

Keeping a young person out of adult court when that is not required is one of the most important goals in these cases. The penalties and long-term consequences in a juvenile case are much more limited than in an adult case.

Families often ask whether a juvenile record can be sealed or erased afterward. Under 18 U.S.C. § 5038, juvenile records must be kept safe from people who are not allowed to see them, and they can be released only in limited situations. The federal juvenile law does not have a general expungement (record-erasing) process, so ask your lawyer what protections apply in your child's case.

When can a juvenile be charged in federal court?

Most crimes by young people are handled in state court, not federal court. The federal government generally lets states handle juvenile cases when it can. But the Federal Juvenile Delinquency Act allows a federal case if certain conditions are met.

Under 18 U.S.C. § 5032, the Attorney General must first certify (formally state to the court) at least one of these reasons:

• The state court does not have jurisdiction (legal power over the case), or refuses to take the case;
• The state does not have programs and services adequate for the young person’s needs; or
• The charge is a felony crime of violence or one of certain drug or gun offenses, and there is a substantial federal interest in the case.

If there is no certification, the young person is turned over to the state.

Can a juvenile be tried as an adult in federal court?

Yes, in some cases. Under 18 U.S.C. § 5032, the government can ask the court to move (“transfer”) the case to adult court if the young person was 15 or older at the time of the crime and is charged with a felony crime of violence or certain drug or gun crimes.

For a few very serious crimes, the age drops to 13. These include certain assaults, murder, and attempted murder, and also robbery, bank robbery, or aggravated sexual abuse if the young person had a gun.

Before a transfer, the judge must hold a hearing and decide that transfer is “in the interest of justice.” The judge has to weigh the young person’s age and background, the nature of the offense, any past record, maturity, past treatment, and what treatment programs are available.

A prior record can also matter. In some cases transfer is mandatory, for example when the young person was 16 or older, is charged with certain serious crimes, and has already been found guilty of a similar offense.

Age at the time of charging matters too. The special juvenile process is generally for people who are still under 21 when the case is brought. If someone committed a crime before turning 18 but is not charged until age 21 or older, the case goes forward like an adult case.

A young person can also ask to be treated as an adult. Under § 5032, the request must be in writing and made on a lawyer's advice. This is usually a bad idea, because it exposes the young person to adult penalties, so talk it through carefully with a lawyer first.

How is a juvenile case different from an adult case?

A young person handled as a juvenile does not go through the same process as an adult in federal district court. There is no grand jury indictment. Instead, under § 5032, the government starts the case by an “information,” which is a charging paper filed by the prosecutor. The court can hold the hearing in chambers (in the judge’s office) or elsewhere in the district.

The young person still gets a hearing, often called a trial, but generally not a jury. The juvenile law itself does not mention juries. In McKeiver v. Pennsylvania, 403 U.S. 528 (1971), a case about state juvenile courts, the Supreme Court held that the Constitution does not require a jury trial in juvenile delinquency hearings. Federal courts have applied the same idea to federal juvenile cases.

Many other parts of a federal juvenile case are similar to an adult case. For example, the government still has to prove the charge beyond a reasonable doubt (In re Winship, 397 U.S. 358 (1970)), and the young person has the right to a lawyer at every important stage.

What sentences are possible for a juvenile?

If a young person is found delinquent, 18 U.S.C. § 5037(a) lets the judge suspend the finding, order probation, or order official detention (time in custody), which can be followed by a period of supervision. The judge can also order restitution, which means paying back losses. Section 5037(a) does not list fines among the options.

A young person cannot get more time than an adult could get for the same crime. Under § 5037, detention for someone under 18 cannot go past the young person’s 21st birthday, past the top of the guideline range for a similar adult, or past the most an adult could get for the same crime, whichever is shortest. The judge can go above the guideline range only after finding an aggravating factor.

For someone between 18 and 21 at sentencing, there are separate caps. If the offense would be a Class A, B, or C felony for an adult (the more serious felony classes), detention is limited to 5 years or the top of the guideline range, whichever is shorter.

If the case is transferred to adult court, these limits do not apply, and adult penalties do.

How can a lawyer help your child?

If your child is under investigation or has been charged under the Federal Juvenile Delinquency Act, bring in a lawyer early. A lawyer can help at every stage: before charges, at the transfer hearing, at trial, at sentencing, and on appeal. The goal is to protect your child's freedom and future.

What should you do next?

Book a consultation to talk it through with Brandon Sample.

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