Juvenile delinquency

A juvenile delinquency finding and an adult felony conviction are far apart. Juvenile penalties are focused on rehabilitation, and the record is sealed automatically within 60 days after age 18 (NRS 62H.140), with exceptions for certain sexual and violent acts (NRS 62H.150). 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.

Murder and attempted murder committed at 16 or older are different. Those cases are excluded from juvenile court altogether and start in adult court, with no certification hearing (NRS 62B.330(3)). For other felonies, the district attorney can ask the juvenile court to certify a child 14 or older, or 13 or older for murder or attempted murder, and the decision is up to the judge (NRS 62B.390). Current law has no presumption of adult prosecution for firearm or sexual assault charges.

Juvenile cases follow a set 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, similar 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, changes how the case develops.

A key protection of the juvenile system is that juvenile delinquency records are sealed automatically within 60 days after the person turns 18, or within 60 days after juvenile court supervision ends if it runs past 18 (NRS 62H.140). The exception is NRS 62H.150. For acts that would be sexual assault, battery with intent to commit sexual assault, lewdness with a child, or a felony involving force or violence, records not sealed before 21 cannot be sealed until 30, and then only by petition. A sealed record is not publicly accessible and does not appear on standard background checks. For many young people, it is 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 an adult record that is not automatically sealed. A juvenile disposition can effectively end at 18; an adult conviction can follow someone for the rest of their life.

That is why the certification question carries so much weight, and why the fight to keep a case in juvenile court, even on 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 ones, can be used against them. Being 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 free case review, usually the same business day. Michael Mee represents the minor and works with the family throughout the process.

Juvenile court records are sealed automatically within 60 days after age 18 (NRS 62H.140), with exceptions for certain sexual and violent acts (NRS 62H.150). An adult conviction after certification is not sealed automatically; it can only be sealed by petition after the adult waiting period, and some offenses can never be sealed. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.