Is Your Child Facing Charges in Raleigh?
Juvenile charges can follow your child into adulthood, affecting college admissions, scholarships, and future employment opportunities. Work with a Raleigh juvenile defense attorney who protects young clients’ rights and fights to keep their records clean. Reach out and shedule a confidential consultation today.
Few experiences are more frightening for a parent than learning your child is facing juvenile delinquency charges. In an instant, your child’s future—their education, career prospects, and reputation—hangs in the balance.
At DeMent Askew Johnson & Marshall, our Raleigh juvenile defense lawyers understand the unique challenges and high stakes of juvenile cases. With over 75 years of combined criminal defense experience, we’ve successfully protected countless young people from the devastating consequences of juvenile adjudications throughout Wake County and across North Carolina.
Don’t wait another day. Your child’s future depends on what you do right now.
North Carolina’s Juvenile Justice System (What Parents Need to Know)
The juvenile justice system in North Carolina is fundamentally different from the adult criminal system. While the adult system focuses on punishment, the juvenile system is designed to rehabilitate young people while holding them accountable for their actions.
Under North Carolina law (Chapter 7B – Juvenile Code), a “juvenile” is generally defined as any person under the age of 18 who is not married, emancipated, or in the military. However, for delinquency purposes, the juvenile court handles cases involving young people who are:
- At least 6 years old but less than 18 years old
- Alleged to have committed acts that would be crimes if committed by adults
- Not 16 or 17-year-olds charged with motor vehicle offenses (these are handled in adult court)
It’s crucial to understand that while juvenile proceedings may seem less serious than adult criminal cases, the consequences can follow your child for years and potentially impact their entire life trajectory.
The Juvenile Court Process in Wake County
When your child enters the juvenile justice system in Wake County, they’ll face a complex process with multiple stages:
1. Complaint and Intake
The process begins when a complaint is filed with a juvenile court counselor. These complaints typically come from:
- Law enforcement officers
- School officials
- Parents or guardians (often in “undisciplined” cases)
The juvenile court counselor then conducts an intake evaluation to determine whether to:
- File a juvenile petition (formal court action)
- Offer diversion (community-based programs instead of court)
- Close the complaint without further action
2. Secure or Non-Secure Custody
If your child is taken into custody, they may be placed in:
- Secure custody at the Wake Regional Juvenile Detention Center (700 Beacon Lake Drive, Raleigh)
- Non-secure custody with a relative or in foster care
Unlike adults, juveniles don’t have the right to post bail. Instead, regular custody hearings are held to determine if continued detention is necessary.
3. First Appearance and Probable Cause
At the first court appearance, the judge will:
- Inform your child of the charges
- Appoint an attorney if one hasn’t been retained
- Review custody status
- Set future court dates
For felony cases, a probable cause hearing may be held to determine if sufficient evidence exists to proceed.
4. Transfer Hearings (For Serious Felonies)
In cases involving serious felonies, the court may consider transferring your child to adult criminal court:
- For Class A felonies (like first-degree murder), transfer is mandatory for juveniles 13 and older
- For other felonies, juveniles 13 and older may be transferred after a hearing
- For 16 and 17-year-olds charged with Class A-G felonies, transfer occurs automatically after a finding of probable cause
Once transferred, your child faces the same penalties and permanent criminal record as an adult.
5. Adjudicatory Hearing
This is essentially the “trial” phase where:
- The prosecutor must prove the case beyond a reasonable doubt
- Your child has the right to an attorney, to cross-examine witnesses, and to remain silent
- Evidence is presented to determine if your child committed the alleged acts
6. Dispositional Hearing
If your child is adjudicated delinquent, the court holds a separate hearing to determine the appropriate consequences, considering:
- The seriousness of the offense
- Your child’s prior record
- Your child’s needs
- Protection of public safety
- Available resources and programs
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Potential Consequences for Juvenile Offenses in North Carolina
The juvenile court has wide discretion in crafting dispositions (sentences) for delinquent youth. Dispositions are classified into three levels:
Level 1 (Minor Offenses/Limited History)
- Probation supervision
- Community service
- Restitution to victims
- Curfew restrictions
- Evaluation and treatment requirements
- Educational intervention
Level 2 (More Serious Offenses/Repeat Offenders)
- Intensive probation supervision
- House arrest with electronic monitoring
- Participation in specialized treatment programs
- Regimented training programs
- Placement outside the home in a residential program
Level 3 (Most Serious Offenses)
- Commitment to a Youth Development Center (juvenile prison)
- For periods ranging from 6 months to age 21, depending on the offense
- With average stays of 12-18 months
Additionally, certain offenses carry specific consequences:
- Sex offenses may require juvenile sex offender registration
- Certain violations require school notification
- Suspended driving privileges for drug or alcohol offenses
Common Juvenile Offenses We Defend in Raleigh and Wake County
At DeMent Askew Johnson & Marshall, we defend juveniles against all types of allegations, including:
Property Offenses
- Breaking and entering
- Larceny (shoplifting)
- Possession of stolen goods
- Damage to property
- Trespassing
Violent Offenses
- Simple and felony assaults
- Weapons on school property
- Robbery
- Sexual offenses
- Communicating threats
Drug and Alcohol Offenses
- Possession of controlled substances
- Drug paraphernalia
- Underage drinking
- Possession of marijuana
School-Related Offenses
- Disorderly conduct at school
- Cyberbullying
- Threats of mass violence
Status Offenses (Undisciplined Behavior)
- Truancy
- Running away
- Beyond parental control
- Underage consumption of alcohol
Importance of Experienced Juvenile Defense
Juvenile cases require a fundamentally different approach than adult criminal defense. Here’s why specialized experience matters:
Different Rules and Procedures
The juvenile justice system operates under different statutes, rules of evidence, and constitutional standards than adult court. Your child’s attorney must thoroughly understand:
- North Carolina’s Juvenile Code (Chapter 7B)
- Special evidentiary rules that apply to juvenile statements
- Unique pretrial motions available in juvenile court
- Different standards for dispositional arguments
Focus on Rehabilitation and Holistic Solutions
Effective juvenile defense requires crafting solutions that address:
- Underlying mental health issues
- Substance abuse concerns
- Educational needs and learning disabilities
- Family dynamics and support systems
- Positive youth development
Long-Term Consequences Beyond Court
While juvenile records are generally confidential, adjudications can still impact:
- College applications and financial aid
- Military enlistment
- Future employment opportunities
- Immigration status
- Housing options
Without proper representation, your child may face consequences that follow them well into adulthood.
Wake County Courthouse
Handles civil and criminal matters in Wake County
- Address: 300 S Salisbury St, Raleigh, NC 27601
- Hours: M-F 8:30 A.M.-5 P.M.
- Phone:(919) 792-4000
Powerful Defense Strategies for Juvenile Cases
When defending your child against juvenile charges, our experienced defense team builds customized strategies that may include:
Constitutional Challenges
- Challenging illegal searches at school or by police
- Contesting improper questioning without parents or attorneys present
- Suppressing involuntary or coerced statements
Evidentiary Challenges
- Questioning witness credibility and accuracy
- Challenging identification evidence
- Exposing improper interrogation techniques used on minors
Mental Health and Developmental Considerations
- Raising issues of capacity and understanding
- Addressing developmental immaturity
- Identifying and addressing underlying mental health concerns
Diversion Advocacy
- Negotiating for pre-petition diversion programs
- Advocating for teen court or mediation alternatives
- Pursuing community-based interventions instead of formal court action
Dispositional Advocacy
- Presenting comprehensive evaluation results
- Developing individualized treatment plans
- Advocating for least restrictive appropriate interventions
Remember, the goal in juvenile court is not just to “win” the case, but to secure the best possible outcome for your child’s long-term future and development.
The DeMent Askew Johnson & Marshall Advantage
When you choose our firm to defend your child, you benefit from:
- 75+ years of combined criminal defense experience
- Deep relationships within the Wake County juvenile court system
- Attorneys who understand adolescent development and can effectively communicate with young clients
- Comprehensive approach that addresses both legal and collateral consequences
- Access to a network of experts including psychologists, education specialists, and treatment providers
- 24/7 accessibility during this critical time for your family
We don’t just defend cases—we defend children’s futures, potential, and opportunities.
What to Do Right Now If Your Child Is Facing Juvenile Charges
If your child has been accused of delinquent behavior in Raleigh or anywhere in Wake County, time is critical. Here’s what you need to do immediately:
- Ensure your child doesn’t speak to anyone about the case without an attorney present. Even statements to school officials or juvenile court counselors can be used against your child.
- Maintain a supportive, non-judgmental relationship with your child. They need your support now more than ever.
- Gather relevant information about the incident, including witness names, social media communications, school records, and any relevant mental health history.
- Contact our office immediately for a confidential case evaluation.
The sooner we can begin building your child’s defense, the more options we’ll have to protect their future. Early intervention can sometimes prevent petitions from being filed at all.
Don’t Let Your Child Face Juvenile Charges Alone — Contact Our Raleigh Juvenile Defense Lawyers Today
At DeMent Askew Johnson & Marshall, we understand the fear and uncertainty parents feel when their child faces juvenile charges. Your child’s future. Their education. Their opportunities. Their record.
Our team of experienced juvenile defense attorneys is ready to stand between your child and the life-altering consequences of a juvenile adjudication.
The consultation is completely confidential.
Call us now at (919) 752-5023 or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle juvenile charges—let us help you protect your child’s future.
Serving families in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.
Areas served
Wake County
- Raleigh
- Cary
- Apex
- Morrisville
- Garner
- Holly Springs
- Fuquay-Varina
- Wake Forest
- Rolesville
- Knightdale
- Wendell
- Zebulon
Carteret County
- Beaufort
- Morehead City
- Atlantic Beach
- Emerald Isle
- Newport
Durham County
Orange County
- Chapel Hill
- Carrboro
- Hillsborough
Chatham County
Johnston County (Smithfield courthouse only)
FAQs
Will my child be detained while the case is pending?
Not necessarily. Most juveniles are released to their parents or guardians while their cases are pending. However, secure detention at the Wake Regional Juvenile Detention Center may be ordered if:
- The alleged offense is serious
- The juvenile poses a danger to themselves or others
- The juvenile is likely to flee
- The juvenile has a history of failing to appear for court
Unlike adults, juveniles don’t have the right to bail, but detention hearings are held regularly to review the need for continued detention.
Can my child's juvenile record be expunged?
Yes. Under North Carolina law (G.S. 7B-3200), juvenile records can be expunged if:
- The adjudication was for a misdemeanor (including Class A1 misdemeanors) or Class H or I felony
- At least 18 months have passed since the juvenile was released from court jurisdiction
- The juvenile has not been convicted of any felony or misdemeanor since the adjudication
- The juvenile has no pending criminal charges
- The judge finds the juvenile has shown good behavior since the adjudication
For juveniles who were never adjudicated delinquent (cases dismissed or resolved through diversion), the expungement process is typically simpler.
Can parents be held responsible for their child's actions?
Yes. Under North Carolina law, parents can be:
- Required to participate in their child’s treatment or supervision
- Ordered to pay restitution (up to $2,500) for damage caused by their child
- Mandated to attend parenting classes or counseling
- Held in contempt for failing to bring their child to court or follow court orders
- Required to pay attorney’s fees for their child’s representation
It’s crucial that parents understand they are active participants in the juvenile court process, not just observers.
Will my child's juvenile record affect college admissions or job applications?
While juvenile records in North Carolina are generally confidential, they can sometimes impact your child’s future. Many college applications and some employers ask about adjudications, not just adult convictions. However, with proper legal representation, many cases can be resolved through diversion programs that allow your child to honestly answer they have no record.
For serious offenses that result in adjudication, we can guide you through the expungement process when your child becomes eligible, giving them a truly clean slate.
What's the difference between delinquent and undisciplined behavior?
North Carolina law distinguishes between two types of juvenile behavior:
Delinquent Behavior: Acts that would be crimes if committed by adults (e.g., theft, assault, property damage)
Undisciplined Behavior: Acts that are problematic but not criminal for adults, including:
- Running away from home
- Being regularly disobedient to parents
- Skipping school (if under 16)
- Being found in places unlawful for juveniles
While undisciplined cases generally have less severe consequences, they can escalate to delinquency charges if court orders are violated, making proper representation important in all juvenile matters.
Can my child's case be transferred to adult court?
Yes, in certain circumstances:
- Juveniles 13 or older charged with Class A felonies (like first-degree murder) are automatically transferred to adult court
- Juveniles 13 or older charged with other felonies may be transferred after a transfer hearing
- Juveniles 16 or 17 charged with Class A-G felonies are automatically transferred after a finding of probable cause
Transfer to adult court has serious consequences, including:
- Public proceedings rather than confidential juvenile hearings
- Adult criminal sentencing guidelines
- Permanent public criminal record
- Potential incarceration in adult facilities upon turning 18
Our attorneys fight aggressively to keep cases in juvenile court whenever possible.
What rights does my child have in juvenile court?
Despite the rehabilitative focus of juvenile court, your child retains important constitutional rights:
- Right to an attorney (court-appointed if necessary)
- Right to remain silent and avoid self-incrimination
- Right to confront and cross-examine witnesses
- Right to be proven guilty beyond a reasonable doubt
- Right to notice of the charges
- Right to appeal adverse decisions
However, some adult criminal protections don’t apply in juvenile court, such as the right to bail or a public jury trial, making experienced legal representation even more crucial.
