Virginia Rules is an educational program designed to help instructors, parents and students understand the laws that apply to Virginia teens in their everyday lives.
Learn about the basic rights of juveniles in court.
“Due process of law” means that citizens must be treated fairly by the government. A guarantee of due process is written into the U.S. Constitution in the Fifth, Sixth, and Fourteenth Amendments.
The Fifth Amendment is key in guaranteeing due process of law. It says that the government cannot:
The Sixth Amendment guarantees a right to a fair trial. Under this amendment, a person charged with a crime has the right to:
The Fourteenth Amendment guarantees equal protection to all persons. This means that regardless of race, creed, color or status, all persons are to be treated equally before the law.
The basic rights of someone accused of a crime are:
Historically, juveniles have not had the same rights as adults (in Virginia, a juvenile is someone under the age of 18). However, in 1967, the U.S. Supreme Court established four basic rights for juveniles who are accused of committing a crime. The landmark case (In re Gault, 387 U.S. 1 (1967)), involved Jerry Gault, who at age 15 was given a six-year sentence for a prank phone call to a neighbor. The four basic rights for juveniles established by this decision are:
| Basic Legal Rights – Adults | Basic Legal Rights – Juveniles |
| 1. to be informed of their rights and of the charges against them | 1. to be informed of their rights and of the charges against them |
| 2. to be represented by an attorney | 2. to be represented by an attorney |
| 3. to confront their accuser and cross-examine witnesses | 3. to confront their accuser and cross-examine witnesses |
| 4. to refuse to testify against themselves | 4. to refuse to testify against themselves |
| 5. to a trial by jury | |
| 6. to a speedy and public trial |
When you compare the six rights of adults listed above with the four rights of juveniles, you see that rights to a trial by jury and to a public trial are not listed for juveniles. That is because in a juvenile court in Virginia, decisions are made by a judge rather than a jury and there is a duty to protect the confidentiality and privacy of juveniles coming before the court.
For additional information on the juvenile justice system, see Virginia Rules topic “Introduction to Juvenile Justice in Virginia.”
When someone is taken into custody, a law enforcement officer must read them “Miranda warnings,” named in the landmark U.S. Supreme Court case (Miranda v. Arizona, 384 U.S. 436 (1966)), that established basic rights to which a defendant is entitled. The warnings are:
The trial in juvenile delinquency cases is called an adjudicatory hearing. It is at the adjudicatory hearing that the judge determines whether the facts as stated in the petition or warrant are true.
The judge may temporarily postpone a case to allow all parties time to obtain a lawyer or for any other reason needed to have a fair trial. A juvenile accused of a crime has the following rights at the adjudicatory hearing:
During the adjudicatory hearing in delinquency cases, all charges must be proven beyond a reasonable doubt before guilt is established.
If the judge finds the juvenile to be guilty, the case is usually continued to another day for the judge to make a disposition decision (sentencing). The disposition decision is not always made immediately because the judge may require information about all aspects of the juvenile’s background, including prior offenses and personal history, before determining what corrective measures to take with the juvenile.
“Beyond a reasonable doubt” means that the available evidence leaves you firmly convinced of a defendant’s guilt.
Prior to the U.S. Supreme Court decision In re Winship (397 U.S. 358) in 1970, juveniles were sometimes found guilty using a lower standard – “preponderance of the evidence.” “Preponderance of the evidence” means that the available evidence makes it more likely than not that the person committed the crime.
Now, in a standard adult criminal trial or juvenile adjudicatory hearing, the government has to prove “beyond a reasonable doubt” that the accused committed the crime or offense.
In a criminal trial, if someone cannot afford an attorney, the court can appoint one. In a civil case, someone who cannot afford an attorney may qualify for free legal services from a legal aid office (https://www.valegalaid.org/) and from the Legal Aid Justice Center (https://www.justice4all.org/).
In a non-criminal case such as when someone is suing another party, for example, some attorneys will agree to represent a person in exchange for a share of the settlement. This is called a “contingency” fee arrangement because the amount of the fee depends on the outcome of the case. It is important to know whether the attorney’s pay is based on an hourly rate or contingency fee.
In Virginia, someone trying to locate an attorney to represent him or her can obtain a referral from the Virginia Lawyer Referral service at 1-800-552-7977. (See at https://vsb.org/Site/Site/legal-help/vlrs.aspx)
Yes. Decisions made by general district and juvenile and domestic relations district courts can be appealed to circuit courts. Decisions by circuit courts can be appealed to the Virginia Court of Appeals. Some decisions of the Virginia Court of Appeals can be appealed to the Virginia Supreme Court.
The term “expungement” means records of a case are destroyed. In cases where the juvenile is found not guilty or the case is otherwise dismissed, the person may ask to have the records of the case destroyed. The request must be granted unless the Commonwealth’s Attorney shows good cause why the records should be retained.
Once records have been destroyed, “the violation of law shall be treated as if it never occurred.” Virginia law requires the court and all law enforcement agencies, if asked, to say that there is no record and permits the person to say that he or she has no record. (Code of Virginia § 16.1-306(C) and (E)).
For crimes that would be felonies if committed by an adult, the records remain public just as an adult conviction would. (Code of Virginia § 16.1-305(B1)) In addition, if the juvenile committed an “ancillary offense” along with the delinquent act – that is, an offense related to the act – it may also stay on the juvenile’s record. For example, if Tom intimidated Gary into giving him his Nintendo DS (robbery, which is a felony) by threatening him with a butterfly knife he brought onto school property (which is a Class 1 misdemeanor), the misdemeanor possession of the butterfly knife would be an ancillary offense to the felony offense of robbery, and could stay on the juvenile’s record. (Code of Virginia § 16.1-306(B)).
Virginia law contains a Crime Victim and Witness Rights Act, usually referred to as the Victims’ Bill of Rights. (Code of Virginia § 19.2-11.01).
The Victims Bill of Rights is intended to ensure that crime victims:
The specific rights victims have depend on case circumstances. The law enforcement agencies investigating a crime will give victims written information about their rights, including the telephone numbers of the Commonwealth’s Attorney and other numbers to call for additional information or to receive services. A victim may also call the statewide toll-free Virginia Crime Victim Assistance INFO-LINE at 1-888-887-3418.
The right to be represented by a lawyer in Virginia Juvenile and Domestic Relations Courts extends not only to juveniles involved in delinquency cases, but also to abused and neglected juveniles and juveniles who are the subject in some types of custody cases.
In Virginia, the court appoints a lawyer who represents the juvenile’s best interests; this lawyer is called a guardian ad litem.
In fulfilling the duties of a guardian ad litem (GAL), an attorney will:
In addition, in many courts, a child who is brought to court and is alleged to have been abused or neglected will have a court appointed special advocate (CASA), who is a volunteer. The role of the CASA is to speak up for that child, to provide information to the court about the child’s best interest, and to help the child understand the legal proceedings in which he or she is involved.
A CASA may also be assigned to children who are in need of services or in need of supervision. A CASA works closely with the child’s court-appointed attorney (Guardian ad litem or GAL). The CASA prepares a written report that is sent to the judge hearing the case. To learn more about CASA programs in Virginia visit https://virginiacasa.org/va-programs/
To learn about juveniles who were helped by the CASA program visit https://virginiacasa.org/success-stories/
