Juvenile Defense

No. Many parents assume officers cannot question a child without a parent present. Under § 12-15-202, if a child understands his or her rights and knowingly, voluntarily, and intelligently waives them, a parent does not need to be notified of those rights or be present during the interrogation. Teach your child one sentence: "I want to talk to my parents and a lawyer before I answer any questions." After saying it, your child should stop talking.

In Miller v. Alabama, the United States Supreme Court recognized that the features of youth can affect a young person's ability to deal with police officers and prosecutors. Alabama addresses the admissibility of a child's out-of-court statements in § 12-15-213, and when a statement was taken without the required warnings or a valid waiver, a defense attorney can move to keep it out of evidence. These protections add to the general Miranda rights in Alabama that apply to anyone questioned in custody.

Juvenile court is part of the circuit or district court in each county, but it runs on its own vocabulary, its own procedures, and its own goals. The table below compares the two systems on the points that matter most to families.

Source: Ala. Code §§ 12-15-102, 12-15-117, 12-15-136, 12-15-215, 12-15-220, 15-27-1, 15-27-2; Ala. R. Juv. P. 28; Ala. R. App. P. 4 

Source: Ala. Code §§ 12-15-119, 12-15-128, 12-15-202, 12-15-203, 12-15-207, 12-15-215; Ala. R. Juv. P. 28

Not every complaint becomes a formal case. Under § 12-15-119, before a delinquency petition is filed, the juvenile court intake officer may counsel the parties toward an informal adjustment, and § 12-15-211 allows a case to be suspended and continued under terms the parties agree to. If the case goes forward, § 12-15-215 requires proof beyond a reasonable doubt, the same standard used in adult criminal trials. If the allegations are proven, the court decides whether the child is in need of care or rehabilitation, and if not, it must dismiss the proceedings.

Yes, through two separate routes. One depends on a judge's decision after a hearing. The other depends only on the child's age and the charge.

Discretionary Transfer for Children 14 and Older

Under Alabama Code § 12-15-203, a prosecutor may ask the juvenile court to transfer a child who was 14 or older at the time of the alleged conduct. The judge must hold a hearing and may transfer the child only if doing so is in the best interests of the child or the public, after weighing the alleged offense, the child's prior record, past treatment and the child's response to it, demeanor, physical and mental maturity, and the interests of the community and the child. A transfer order must state the reasons in writing, with a finding of probable cause.

The Supreme Court observed in Miller v. Alabama that judges deciding transfer early in a case typically have only partial information about the child. A strong defense fills that gap with school records, evaluations, treatment history, and family support so the judge sees the whole child, not just the charge.

Automatic Adult Prosecution for 16- and 17-Year-Olds

Under § 12-15-204, a child who was 16 or older at the time of the alleged conduct must be charged, arrested, and tried as an adult for a capital offense, a Class A felony, a felony that has as an element the use of a deadly weapon or causing death or serious physical injury, a felony involving a dangerous instrument against listed officials such as law enforcement officers, judges, jurors, and public school teachers, drug trafficking under § 13A-12-231, or a violation of Article 12 of Chapter 6 of Title 13A, the criminal enterprise article added by Act 2023-416. If the grand jury does not indict on a listed offense, or all listed charges are dismissed, the juvenile court regains jurisdiction over the lesser offenses.

In adult court, Aniah's Law allows prosecutors to ask the court to deny bail entirely for certain violent felonies. As our murder defense page explains, the death penalty is constitutionally prohibited for offenses committed before age 18, and Miller v. Alabama held that mandatory life without parole for those under 18 violates the Eighth Amendment. Under Rule 28 of the Alabama Rules of Juvenile Procedure, a transfer order can be appealed, but written notice of appeal must be filed within 14 days, and an appeal from a transfer order stays the adult trial.

Youthful offender status is the most important safety net for a young person whose case ends up in adult court. Under Alabama Code § 15-19-1, a person charged with a crime committed during his or her minority, which in Alabama means under 19, that was not disposed of in juvenile court must be examined for youthful offender treatment if the crime involves moral turpitude or carries a possible sentence of one year or more. The young person must consent to the examination and to a trial without a jury, and the decision is within the judge's discretion.

The sentencing difference is dramatic. Under § 15-19-6, when the underlying charge is a felony, the court may suspend the sentence, impose probation of no more than three years, impose a fine, or commit the young person for a term of three years or less.

Juvenile court dispositions are built around care and rehabilitation. Under § 12-15-215, the court may keep the child at home under conditions, order probation, transfer custody to a qualified relative, a licensed agency, or the Alabama Department of Youth Services, and order random drug screens, fines of no more than $250, and restitution. No child may be committed to a penal institution as a result of a juvenile disposition, and DYS is separate from the adult correction system.

Once a child is adjudicated delinquent, § 12-15-117 keeps the juvenile court's jurisdiction in place until the child turns 21, unless the judge ends it earlier by written order, and orders to pay fines, costs, or restitution can be enforced at any age.

Alabama law is built to limit that. Under § 12-15-220, a juvenile adjudication is not a conviction, does not carry the civil disabilities of a conviction, and does not disqualify the child from civil service. Juvenile evidence is generally not admissible in other courts, but it can be considered in a presentence report or a youthful offender application if the young person is later charged as an adult.

Under § 12-15-136, juvenile records can be sealed two years after final discharge from custody or supervision if the person has not been convicted or adjudicated for any felony, or for a misdemeanor involving sexual offenses, drugs, weapons, violence, or threats of violence, and no such case is pending. If a charge in adult court was dismissed, no-billed, or ended in a not guilty verdict, Alabama's adult expungement process may provide a separate path.

The first days of a juvenile case move quickly, and the steps you take now carry forward into every later hearing.

•       Tell your child not to discuss the case. That includes police, school staff, other students, and anything posted or messaged online.

•       Assume calls and visits may be monitored. Do not ask your child for details about the allegation while he or she is in a detention facility.

•       Get counsel involved before the detention hearing. The hearing must happen within 72 hours, and preparation drives the outcome.

•       Gather records now. Report cards, attendance records, any IEP or 504 plan, medical and counseling records, and letters from coaches, employers, or faith leaders all help at detention, transfer, and disposition.

•       Attend every hearing. Your presence shows the court there is structure at home, and the court can direct parents to take specific actions as part of a disposition.

•       Do not let anyone rush an admission. Informal adjustment and other early resolutions should be evaluated by counsel before your child agrees to anything.

Under § 12-15-202, a child's attorney must meet with the child before hearings regardless of the child's age, explain each stage in terms the child understands, investigate the facts and the child's background, seek discovery, and conduct the defense according to the child's expressed interests on decisions such as admitting the allegations, testifying, and appealing. Alabama law defines a child's attorney as owing the child the same duties of undivided loyalty, confidentiality, and competent representation owed to an adult client, and a good juvenile defense lawyer still keeps the family closely involved.

JB Brown Criminal Trial Practice defends children and teenagers in juvenile courts in Birmingham, Huntsville, Mobile, and across Alabama, from detention hearings through transfer hearings and youthful offender applications. When a transfer order or adjudication needs to be challenged on appeal, our criminal appeals attorneys handle the appellate side of the case as well.

Can police question my child without me in Alabama?

Yes, in some circumstances. Under Alabama Code § 12-15-202, officers must tell a child in custody that he or she may communicate with a parent and an attorney, but if the child understands those rights and knowingly, voluntarily, and intelligently waives them, a parent does not have to be present during questioning.

How long can my child be held in juvenile detention before a hearing?

No longer than 72 hours without a hearing. Under Alabama Code § 12-15-207, if a child is not released, a petition must be filed and a detention hearing held within 72 hours of placement, including Saturdays, Sundays, and holidays, to decide probable cause and whether detention should continue.

At what age can a child be tried as an adult in Alabama?

At 14 through a transfer hearing, and at 16 automatically for certain charges. Under § 12-15-203, prosecutors may ask the juvenile court to transfer a child 14 or older for any criminal offense. Under § 12-15-204, 16- and 17-year-olds charged with listed serious felonies are tried as adults without a transfer hearing.

Does a juvenile adjudication count as a criminal conviction in Alabama?

No. Under Alabama Code § 12-15-220, a juvenile court adjudication is not a conviction, does not impose the civil disabilities of a conviction, and does not disqualify the child from civil service. Juvenile court records can also be sealed under § 12-15-136 once the statutory conditions are met.

How long does juvenile court have authority over my child?

Until age 21 unless the judge ends it sooner. Under Alabama Code § 12-15-117, once a child is adjudicated delinquent, juvenile court jurisdiction ends at 21 or when the judge enters a written order terminating it, although orders to pay fines, costs, or restitution can be enforced at any age.