Juvenile vs. Adult Sentencing in Maryland: What Parents Need to Know

If your child’s been charged with a crime, you’re probably overwhelmed, scared, and not very sure about what comes next. It’s not uncommon, either.

Maryland ranks second per capita in the nation for the number of teens tried as adults, coming in just behind Alabama. According to news reports, there were 871 teens automatically charged as adults in 2022. Between 2018 and 2024, there were almost 4,800 bookings of teens into Maryland jails as adults.

If your child’s been arrested, one of the most pressing questions you’re asking is: Will my child be tried as a juvenile or an adult? The answer to that question is “it depends,” and it can have serious consequences.

In Maryland, the justice system treats juvenile offenders differently from adults. The goal with young people is usually rehabilitation, not punishment. But there are situations where minors are charged as adults.

Let’s walk through the key differences between juvenile and adult sentencing in Maryland, when a juvenile might be tried as an adult, and what you need to do right now to protect your child’s future.

Juvenile court vs. adult court: What’s the difference?

In Maryland, the juvenile court handles criminal cases involving those under the age of 18 (but children under 13 can only be brought into delinquency court for specified serious offenses). The juvenile justice system is designed to focus on the following:

• Rehabilitation
• Education
• Counseling
• Community service
• Restorative justice

The goal is to help your child take responsibility, learn from their mistakes, and move on without a permanent criminal record.

The adult court focuses on public safety and punishment. If prosecutors try your child as an adult, they’ll face the same procedures and potential penalties as any adult.  The consequences could include fines, incarceration, and a criminal record that could follow them for life.

When is a juvenile tried as an adult in Maryland?

Not every child stays in the juvenile system. Under Maryland law, certain circumstances make it so that a juvenile is automatically charged as an adult, or the prosecution can request that the case be moved to adult court.

Here’s how it works:

1. Automatic adult jurisdiction (statutory exclusion)

In Maryland, some crimes automatically bump a child to adult court if they are a certain age. These include serious or violent felonies, like:

• Murder or attempted murder
• Rape or sexual assault
• Robbery with a dangerous weapon
• Carjacking
• First-degree assault
• Certain gun crimes

If your child is charged with one of these crimes and is 16 or older, the case starts in adult court even if they’ve never been in trouble before. For first-degree murder and crimes eligible for life imprisonment, the court can try a child as an adult as long as they are at least 14 years old. Essentially, Maryland law makes it so that the juvenile court’s exclusive jurisdiction is statutorily excluded for certain serious offenses committed by older minors (for example, children age 16+ charged with armed robbery or certain firearm offenses; or children age 14+ charged with an offense punishable by life).

2. Discretionary waiver

In other cases, the prosecutor may ask that a juvenile case be waived up to adult court. This is usually considered when:

• The child is 15 or older
• The crime is serious (but not on the automatic list)
• The prosecutor believes the juvenile system isn’t appropriate

The judge will look at things like your child’s age, maturity, prior record, and whether they believe the juvenile system can rehabilitate them.

3. Reverse waiver (transfer to juvenile court)

If your child’s case begins in adult court, you can request a transfer hearing or “reverse waiver” to move the case back to juvenile court.

This is your chance to show that your child would benefit more from rehabilitation than adult sentencing. Having an experienced defense lawyer at this stage is important.

Sentencing differences: Juvenile vs. adult

The biggest difference between juvenile and adult sentencing is the focus. Juvenile court is all about reform. The adult court focuses more on punishment.

In juvenile court, your child might receive:

• Probation and community service
• Therapy or substance abuse counseling
• Placement in a juvenile detention center
• Restitution to victims
• Education and vocational training

In adult court, they may face:

• Felony or misdemeanor charges
• Incarceration in an adult jail or prison
• Mandatory minimum sentences for certain crimes
• A lifelong criminal record affecting jobs, housing, and education

Can a child go to prison in Maryland?

Yes, if your child is tried and convicted as an adult, they can go to adult prison, although Maryland law has some protections for younger teens.

Generally, if your child is tried and convicted as an adult before age 18, they may be held in a juvenile facility pending transfer or until age 18. After that point, they will typically be placed in an adult facility. This is why it’s so important to keep the case in juvenile court whenever possible.

What about plea deals and diversion?

In both juvenile and adult court, your child might be able to avoid incarceration, but only if you act fast and have the right legal representation.

In juvenile court:

• Maryland has certain diversion programs, which can help those who qualify avoid court altogether. Instead, they may need to complete community service or attend counseling.
• The court may offer alternatives to formal criminal charges.
• If the court finds your child “delinquent” (which is the term used for juveniles instead of “guilty”), it may still be possible for them to avoid detention.

In adult court:

• Your attorney may negotiate a plea deal to reduce charges or sentencing.
• Depending on the crime and your child’s record, a judge may still agree to transfer the case to juvenile court (typically prior to trial or a plea).

It’s not guaranteed, but with an experienced defense lawyer, you’ll have a better chance of finding alternatives to jail time.

What you can do right now to help your child

If your child is facing criminal charges, you should act fast. Here are some steps you can take to protect their future:

1. Get legal representation immediately

If your child is facing charges, they need a criminal defense lawyer now. Once they have legal representation, someone will be looking out for their interests. That lawyer can:

• Argue to keep their case in juvenile court
• Present supportive evidence to the court at the waiver hearing
• Challenge the charges if they are improper
• Negotiate for a plea deal or for a diversion program
• Counsel your child and answer their questions

2. Gather supportive documents

Put together documents that can help support your case, such as your child’s school records, letters from teachers or mentors, evidence of mental health treatment, and anything the lawyer requests. Judges want to see that your child has a support system and a path forward.

3. Encourage compliance

Help your child understand how important it is that they attend every hearing, follow any court orders, and show they’re willing to take responsibility. Their attitude matters, and it can influence the outcome.

Your child deserves a future.

It’s easy to panic when your child is in legal trouble. But with the right help, you can fight for them to have a second chance.

At Carey Law Office, LLC, we fight to keep children out of adult court and out of jail.

Contact us today for a confidential consultation.