Memphis Juvenile Criminal Defense
When a child is accused of a crime, the stakes are different—and in many ways higher—than in an adult case. A juvenile matter can affect a young person’s education, future opportunities, and freedom, and the decisions made early in a case can shape the rest of a child’s life. The juvenile system has its own court, its own rules, and its own procedures, and it is not simply a smaller version of adult court. If your child has been charged with a delinquent act in Memphis or Shelby County, having an attorney who understands this system is essential to protecting your child’s rights and future.
This page is informational and is not a substitute for advice about your child’s specific situation.
How Tennessee Juvenile Court Is Different
In Tennessee, conduct that would be a crime if committed by an adult is generally called a “delinquent act” when committed by a person under 18, and these cases are heard in juvenile court rather than adult criminal court. The system is, in principle, oriented toward rehabilitation rather than punishment, and its remedies reflect that focus. But the consequences can still be serious, and the protections that apply in adult court do not all operate the same way.
In Shelby County, delinquency matters are handled through the Juvenile Court of Memphis and Shelby County. Cases typically begin after a law enforcement agency—such as the Memphis Police Department or the Shelby County Sheriff’s Office—refers a charge to the court.
A Child’s Rights in Juvenile Court
The United States Supreme Court has made clear that children facing delinquency proceedings—and the possibility of confinement—are entitled to core due-process protections. These include:
- The right to notice of the specific charges;
- The right to counsel (an attorney);
- The right to confront and cross-examine witnesses;
- The privilege against self-incrimination—the right to remain silent; and
- The requirement that delinquency be proven beyond a reasonable doubt.
These protections are only meaningful if they are asserted. A history of federal scrutiny of the Shelby County juvenile system underscored how important it is that a child’s due-process rights be actively protected at every stage—from the first contact with law enforcement through the resolution of the case. An experienced juvenile defense attorney makes sure those rights are not overlooked.
Types of Juvenile Cases We Handle
- Delinquency (felony and misdemeanor). Conduct that would be a crime if committed by an adult—ranging from theft and drug offenses to assault, weapons, and more serious charges.
- Unruly conduct (status offenses). Conduct that is an issue because of the child’s age, such as truancy, running away, or being beyond a parent’s control.
- Transfer cases. Matters in which the State seeks to move a child’s case to adult criminal court.
- School-related matters. Disciplinary and related issues that can accompany or arise from a juvenile charge.
Transfer to Adult Court
One of the most serious things that can happen in a juvenile case is a transfer to adult criminal court, where a child faces adult procedures and adult penalties, and loses the rehabilitative focus of the juvenile system. The State may seek transfer in certain cases, particularly serious felonies.
Before a child can be transferred, the juvenile court must hold a hearing, and the child is entitled to due-process protections at that hearing, including the right to counsel. Under the Tennessee Rules of Juvenile Practice and Procedure, the court must find reasonable grounds to believe that the child committed the alleged delinquent act, that the child is not committable to an institution for the intellectually disabled or mentally ill, and that the interests of the community require that the child be placed under legal restraint or discipline. If those findings are made, the case can be moved to criminal court; if the court denies the transfer, the juvenile court retains the case. Because the consequences of transfer are so significant, the transfer hearing is one of the most important stages in a juvenile case—and one where skilled advocacy matters most.
Tennessee law in this area continues to evolve, including changes affecting the circumstances under which younger juveniles may be subject to adult prosecution. Because the rules can change and the stakes are so high, it is important to have current, knowledgeable counsel.
Possible Outcomes in Juvenile Court
Juvenile court offers a range of outcomes, many of them focused on rehabilitation rather than incarceration. Depending on the case, these can include dismissal, informal adjustment or diversion, probation, counseling or treatment, community-based programs, and—on more serious matters—commitment to the custody of the Department of Children’s Services. We work to achieve the outcome that best protects the child’s future, and where appropriate we advocate for alternatives to detention and for services that support rehabilitation.
Protecting Your Child’s Record and Future
A juvenile record can have lasting effects on education, employment, and other opportunities. Part of effective juvenile defense is thinking beyond the immediate case—protecting the child’s record where possible, advising on the eligibility and process for expungement of juvenile records, and helping the family understand the long-term implications of each option. The goal is not only to resolve the current charge but to preserve the child’s path forward.
How We Help
We understand how frightening a juvenile charge is for a child and a family. We move quickly to understand the facts, protect the child’s rights, and explain the process in plain language so parents and guardians can make informed decisions. From the first appearance through any hearing, transfer proceeding, or resolution, we advocate for the child’s interests with the seriousness these cases deserve—and with an eye toward the child’s long-term wellbeing.
Related Practice Areas
Contact a Memphis Juvenile Defense Attorney Today
If your child has been charged with a delinquent act in Memphis or Shelby County, do not wait—early action can make a real difference. Contact our office today to schedule a confidential consultation and learn how we can help protect your child’s rights and future.
This page is provided for general informational purposes only and does not constitute legal advice. Reading this information does not create an attorney-client relationship. Juvenile law is complex and changes over time, and its application depends on the facts of each case. You should consult a licensed attorney about your specific situation.