Under a law that went into effect June 1, 2010, distributing Salvia Divinorum or Salvinorin A to people under 21 years of age is a Criminal offense. Possession of  Salvia Divinorum or Salvinorin A by people under 21 is prohibited.

Effective 6/1/09- Juvenile courts, in counties that have established a juvenile justice alternative education program, are authorized to order a student who is suspended, expelled, or identified as a candidate for suspension or expulsion from school to attend that program. The bill terminates on June 30, 2012. See HB 201.

BASIC INFORMATION

You can get caught up in the juvenile system if you are involved in activities like gangs, drugs, or skipping school. Your parents or guardians are notified immediately. If what you did is serious enough, you could be charged as an adult. Your punishment can include spending time in a juvenile detention center, which is like a prison for children. You have rights, including the right to remain silent and the right to an attorney or your parents present.

ABUSED CHILDREN

If you are abused or neglected, you can be considered a Child in Need of Assistance (CINA). This means that the state will become involved and make decisions about where you will live and with whom you will live.

Child Protective Services with the Department of Social Services handles these cases. For more information on what is considered abuse or neglect in Maryland, as well as a list of important telephone numbers, visit the Maryland Department of Human Resources' Child Protective Services.

If you are designated as a "CINA" case, you will be entitled to your own attorney.

CHILDREN IN NEED OF SUPERVISION (CINS)

You are considered a Child in Need of Supervision if you:

• routinely do not go to school;
• cannot be controlled by your parents;
• are a danger to yourself or others;
• violate curfew; or
• generally refuse to follow rules ("ungovernable").

These cases are referred to the Department of Juvenile Services. The County Attorney (or City Solicitor) handles these cases; the Prosecutor's Office usually does not get involved.

THE JUVENILE SYSTEM - HOW IT WORKS

What is the purpose of Juvenile Court?

• To provide care, protection, and wholesome mental and physical development of children coming within the provisions of the law;
• To provide for a program of treatment, training, and rehabilitation consistent with the child's best interests;
• To protect the public interest;
• To remove from delinquent children the taint of criminality and the consequences of criminal behavior; and
• To conserve and strengthen the child's family ties and separate a child only when necessary for his welfare or in the interest of public safety.

How do you get into the system?

You will enter the system in any of the following ways.

• A citizen files a complaint about you with the Department of Juvenile Services;
• A law enforcement officer files a report about you with the Department of Juvenile Services; or
• You are arrested.

What steps should you take if you are caught doing something illegal?

Ask for an attorney and for your parents. You do not have to say anything to a police officer without an attorney or your parents present.

                          

What happens if you are arrested?

• You have the same rights as adults - the right to remain silent and the right to an attorney.
• Your parents or guardian are notified immediately;
• The court then decides whether you are released to your parents or to a juvenile detention facility run by the Department of Juvenile Services;
• If you are not released to your parents, you are sent to the detention facility.
• A hearing is scheduled the following day to figure out if there is "probable cause" to believe that you committed the crime; if there is enough evidence to believe you may have committed the crime, you could be held until the trial (adjudicatory or merits hearing).
   

Who decides whether you will be released to your parents or whether you will have to stay in the Detention Facility?

A judge makes this decision. The judge listens to what law enforcement officers are recommending, and the judge also considers:

• How severe the crime was;
• Your past record;
• How cooperative you have been;
• How cooperative your parents have been;
• How hard it was to arrest you;
• Whether you are a danger to anyone;
• Whether your parents are willing to take you home.

What happens if your case is a "delinquency" case?

Delinquency cases are also called criminal behavior, criminal wrongdoing, or law-breaking cases. The state's attorney will get involved in your case.

• First You will have an adjudicatory hearing (also called a merits hearing).
• After the adjudicatory hearing, you will have a disposition hearing. This is also known as a sentencing hearing. At the disposition hearing, the judge or master will decide if you are guilty.
• If you are guilty, the judge will decide whether you need supervision, treatment, or rehabilitation. The judge can also decide whether you should be committed to a juvenile detention facility or be placed on probation.

Will you be treated as an adult? Will adult rules and punishments be used in your case?

You will most likely go to juvenile court, unless you commit a very serious crime. If you have committed a serious crime, the regular Circuit Court will hear your case and determine whether you go to jail or get other punishment.

If your case falls into any of the following categories, it may be handled in adult criminal court:

1. If you are 16 years or older at the time of the offense, and you are charged with any of the following offenses:

• carjacking
• kidnapping
• second degree murder (or attempt),
• manslaughter (or attempt)
• second degree rape or sex offense (or attempt)
• third degree sex offense
• robbery with a deadly weapon (or attempt)
• first degree assault

2. If you are 14 years or older at the time of the offense, and you are charged with committing a crime punishable by death or life imprisonment:

• first degree murder or attempted first degree murder
• first degree rape or attempted first degree rape
• first degree sex offense or attempted first degree sex offense

3. If you are 16 years or older and you are charged with possession, transportation, or use of a handgun (includes all crimes arising out of the same incident.)

4. "Waiver": You could also end up in adult criminal court by a process known as "waiver." There are two types of waiver: "waiver up" and "waiver down."

• Waiver Up: If you have reached the age of 15, the juvenile court may send the case to adult criminal court where adult penalties apply.
• Waiver Down: If you are automatically charged as an adult, you have the right to ask the adult court to send the case to juvenile court. If you are 16 or 17 years old and charged with murder, you are not eligible for waiver down.

The judge considers the following factors when deciding whether to allow a waiver up or down:

• Your age
• Your mental/physical condition
• Whether you will agree to treatment
• The nature of the crime committed and how much you participated in it
• The public safety

Forever. However, only certain people will be able to see it under limited circumstances. You can try to have it removed through a process called "expungement."

STAYING OUT OF TROUBLE

What if you know that some of your friends are going to do something illegal?

If you help with any part of the criminal activity, you could be found to be an "accessory before (or after) the fact," and could face criminal penalties. When in doubt, tell the police and/or your parents.

Can you get in trouble for doing something wrong, even if you are under 18?

Yes. You are subject to the same criminal laws as adults. The only difference would be in the type of punishment you receive and whether your file is open for everyone to see until, or after, you turn 18. In addition, your parents could have to pay for damage and fines as a result of your actions, which will get you in even more trouble.

What if you do something illegal at school?

You can face criminal charges and penalties. Your school board can take action against you. You could have to pay fines.

What if you did not know you were doing something illegal?

Ignorance of the law is not an excuse or defense. You are still in trouble, even if you didn't know that what you were doing was illegal.

What if you get caught for something your friends did?

You can still be in trouble. You will have to speak with your lawyer and tell him or her what really happened. Then you will still have to talk with a prosecutor and likely go before a Judge or Master.

A police officer is allowed to look in your car or search you if they  reasonably suspect that you have done something illegal. School officials are allowed to look in your locker whenever they wish. Some school policies describe this in more detail.

How can you stay away from gangs at your school and in your neighborhood?

• Keep active in school activities;
• Pick good friends;
• Keep your family involved in your daily activities and interests;
• Tell teachers, counselors, school officials, family, and any other trusted adult about problems you are having with gangs.
• Keep in mind: Joining a gang won't help you fit in, be part of the cool group, or have protection from other people. Gangs are dangerous, and many people are injured and killed every day as a result of them.

If you are in a gang, how do you get out?

• Focus on your school work, sports, and what you want to do later in your life.
• Think about what you want to be when you grow up. Ask a teacher or guidance counselor what steps you need to take to get there, and then get yourself in motion. There are many resources out there to help you become strong enough to get out of a gang, but it has to begin with you.
• You have to know that you have a strong future without the gang.
• Talk to your favorite teacher, your parents, your sports coach, your religious leader, or anyone else you respect.

What can happen to you if you get into a fight or punch someone for doing something wrong to you or a friend?

You can be charged with second degree assault because it is a criminal offense to have any unwanted offensive physical contact with another person.

Examples:

• Allen (age 15) walks up to Bobby (age 16) and punches Bobby in the head. Allen is guilty of second degree assault.
• Amanda (age 13) pulls Betty's hair (age 12). Amanda is guilty of second degree assault.
• Alfonso and Brian are playing basketball. Alfonso bumps into Brian and knocks him down while going for the ball. Alfonso is not guilty of second degree assault because Brian consented to physical contact when he started playing basketball; playing sports inherently involves some physical contact.

Self defense is a defense to the crime of assault as well as many crimes against other people. You have to meet four requirements to successfully argue self defense:

1. You actually believed that you were in immediate danger of bodily harm;
2. Your belief was reasonable;
3. You must not have been the aggressor or the person who started the fight; and
4. You used no more force than was reasonably necessary to defend yourself from harm.

Keep in mind: the person the law considers the aggressor can change in an instant.

Examples:

• Charles runs at Donald with his fist clenched to try to punch him. Donald has done nothing to provoke this physical attack. Donald can use physical force to prevent Charles from attacking him.
• Charles runs at Donald with his fist clenched to try to punch him. Donald has done nothing to provoke this physical attack. Donald pushes Charles to the ground. Charles gets up and begins to run away. As he is running away Donald trips Charles and he falls. Donald is guilty of second degree assault and cannot use self defense to protect him from criminal liability because Donald became the aggressor when he tripped Charles after Charles was trying to break off his attack.

HELPFUL LINKS

The site for the Department of Juvenile Services:
http://www.djs.state.md.us/

Check out the Maryland Judiciary's Kids' Page at:
http://www.courts.state.md.us/kidspage/index.html

The site for Maryland State's Attorneys (Prosecutors):
http://www.mdsaa.org/State's%20Attorneys.htm

A site that gives information on crime fighting:
http://www.kids.gov/

Federal Agencies that Fight Crime:

FBI's Kids page:
http://www.fbi.gov/fbikids.htm
Bureau of Alcohol, Tobacco and Firearms:
http://www.atf.gov/kids/index.htm
Department of Justice:
http://www.usdoj.gov/usao/eousa/kidspage/

Sites that give information on the problems with drugs and gangs:
http://www.freevibe.com/

http://www.tagv.org/home.htm

A site that gives information on Safe Communities: National Crime Prevention Council -- Teens, Crime, and the Community

Sources:
[1] For more information, see the Family section of this site.