Finding out that a child you care about is facing criminal charges can be a terrifying and confusing experience. For many, the idea of the juvenile justice system is a blur, a separate world from the adult courts seen in movies. But what happens when that separation disappears, and a young person finds themselves facing the prospect of being tried and sentenced just like an adult? In Massachusetts, this is a serious and complex matter, and understanding the process is the first step toward finding a path forward.

For families across Woburn and the Greater Boston area, navigating this situation requires more than just knowing the difference between a juvenile and an adult court. It requires understanding the specific legal procedures that can bridge the two systems. These cases are not just legal matters; they are deeply personal, with profound consequences for a young person’s future.

The Foundation of Juvenile Justice in Massachusetts

In Massachusetts, a person is considered a juvenile if they are between the ages of twelve and seventeen when an alleged offense occurs. These cases are handled in the Juvenile Court Department, which operates with a focus on rehabilitation and a different set of rules than adult court. Instead of being found “guilty” of a crime, a juvenile is adjudicated  “delinquent.” The goal is to correct the behavior through treatment and reintegrate the young person into society, rather than simply imposing a punishment.

However, certain serious offenses can cause the case to move out of the juvenile system. The law recognizes that some crimes are so serious that they warrant different handling, which is where the lines can begin to blur, putting a juvenile in a position to face the full weight of the adult criminal justice system.

Understanding “Youthful Offender” Status

One of the most significant concepts in Massachusetts juvenile law is the “Youthful Offender” status. According to Massachusetts General Laws Chapter 119, Section 54, a juvenile who is fourteen years of age or older may be charged as a Youthful Offender if they are accused of committing certain felony offenses.

Specifically, a juvenile can be charged as a Youthful Offender if:

  • They are charged with an offense that would be punishable by imprisonment in a state prison if committed by an adult.
  • They have been previously committed to the Department of Youth Services (DYS).
  • The alleged offense involves the infliction or threat of serious bodily harm.
  • They are charged with violating certain firearm statutes.

A case designated as a Youthful Offender matter is presented to a grand jury for indictment, which is a critical step because it elevates the case to a level of scrutiny typically reserved for adults. If the grand jury indicts, the case then proceeds in Juvenile Court, but with a major difference: the judge has the authority to impose a wide range of sentencing options, including those available in the adult court system. 

The “Bindover” Process and Its Impact

The term “bindover” refers to the legal process of transferring a juvenile case from the Juvenile Court to the adult court system. While the Youthful Offender statute allows for adult-like sentences within the Juvenile Court, a bindover moves the case entirely to a Superior Court, where the defendant is treated as an adult in every respect.  At this time, bindover and transfer hearings are rare and usually only apply where an offense happened many years ago, but is still within the statute of limitations or where the juvenile was absent from the jurisdiction for an extended period.  For most cases, bindover has been replaced by the Youthful Offender laws.  

It is crucial to know that in Massachusetts, a juvenile who is at least fourteen years old and charged with first- or second-degree murder is automatically tried in Superior Court. The Juvenile Court has no jurisdiction over such a case, and the proceedings are handled from the outset in the adult system.

The Consequences of Being Charged as an Adult

When a juvenile is charged as an adult, the entire legal landscape changes. The rehabilitative focus of the juvenile system is replaced with the punitive structure of the adult system. Consequences can include:

  • Public Records: Unlike juvenile records, which are generally more private, adult criminal records are public, which can create long-term obstacles to future employment, housing, and education.
  • Sentencing: A conviction in adult court can result in sentences that include state prison time, a far more severe outcome than what is typically possible in juvenile court.
  • Loss of Protections: The confidentiality and protections afforded by the juvenile system are lost, and the young person faces the same legal procedures as any adult defendant.

A Compassionate Approach to a Difficult Situation

The legal process for juveniles can be daunting for parents and children alike. It is a time of immense stress and uncertainty. At Contant Law, we believe that every young person deserves a future, and we are committed to providing helpful guidance and compassionate support through this journey. Our team understands the nuances of the Massachusetts juvenile justice system and the serious implications of a Youthful Offender or bindover case.

We Are Here to Help

If a juvenile you care about is facing serious criminal charges in Woburn, Middlesex, Suffolk, or Essex counties, it is essential to act quickly. The decisions made at the start of a case can have lifelong effects. Do not hesitate to seek help and understand your options. We are available to answer your questions and provide the knowledgeable support you need during this difficult time.

Contact Contant Law today at 617-221-8221.