Juvenile Delinquency

The difference between a juvenile delinquency finding and an adult felony conviction is enormous. Juvenile penalties are focused on rehabilitation. The record is sealed at 21. Adult convictions are permanent, carry felony consequences for employment, housing, and civil rights, and involve the same sentencing ranges that apply to any adult defendant.

The judge — not the prosecutor — decides whether to certify a minor for adult prosecution. The prosecution requests it; the court decides. At the certification hearing, the defense presents evidence that the juvenile system can address the minor's needs: treatment capacity, family stability, school engagement, mental health history, and the minor's overall amenability to rehabilitation.

For 16 and 17-year-olds charged with murder, attempted murder, firearm offenses, or sexual assault, Nevada law presumes adult court. In those cases, the burden shifts — the defense has to make the affirmative case for keeping the matter in juvenile court. It's a harder argument, but it's one that can be made with the right presentation.

Juvenile cases follow a structured sequence. After arrest and initial detention, a detention hearing is held to determine whether the minor remains in custody or is released. The District Attorney then files a Petition — the formal document alleging specific acts of delinquency. A hearing, analogous to a trial, follows where the prosecutor must prove the allegations beyond a reasonable doubt.

If the court finds the petition proven, disposition options include informal supervision, formal supervision with conditions, juvenile detention, or commitment to a youth camp. The court's goal is the minor's rehabilitation and the protection of the community — not punishment as an end in itself.

Parents are kept informed throughout the process and have the right to have their own attorney present at proceedings. The minor also has the right to counsel at every stage. Having an attorney involved from the initial detention hearing — not just at the adjudication — makes a meaningful difference in how the case develops.

One of the most significant protections of the juvenile system is that juvenile delinquency records are automatically sealed when the individual turns 21. This means the record is not publicly accessible and does not appear on standard background checks. For many young people, it represents a genuine second chance.

But automatic sealing only applies to juvenile court records — not adult court records. A minor certified to adult court and convicted of a felony has a permanent adult record that is not automatically sealed. The difference between a juvenile disposition and an adult conviction can follow someone for the rest of their life or effectively end at 21.

This is why the certification question is so consequential and why the fight to keep a case in juvenile court — even for serious charges — is worth making as forcefully as possible.

Your child has the right to remain silent and the right to an attorney. Instruct them not to answer questions from law enforcement until an attorney is present. Statements made by a juvenile during police contact — even informal, conversational statements — can be used against them. The fact that they're a minor doesn't change that.

The detention hearing happens quickly. If your child is being held, the court will decide shortly after arrest whether they remain in custody or are released. Having an attorney at that hearing — rather than waiting until later in the process — affects that outcome and sets the tone for how the case develops.

Call 702-990-0190 for a same-day case review. We represent the minor and work with the family throughout the process.

Once your case resolves, you may be eligible to seal the record — removing it from background checks. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.