What is a juvenile civil citation?
Did I receive a juvenile civil citation?
Do I need a lawyer?
What is in a juvenile civil citation?
Breaking what laws may result in a juvenile civil citation?
What will happen if I do not appear at Intake?
What happens at Intake?
What happens if the citation is forwarded to the State’s Attorney?
What happens in Juvenile Court? What can the Juvenile Court order?
Can I get the court and police record of my juvenile civil citation expunged?
What is a juvenile civil citation?
A citation is a written notice from a law enforcement officer charging someone with breaking a law. One kind of citation is a juvenile civil citation. Instead of being arrested or held in detention, you agree to appear at the Department of Juvenile Services (DJS) to address the charges. (Maryland Code, Courts and Judicial Proceedings Article, §§ 3-8A-01(f), (dd), 3-8A-33)
You can receive a juvenile civil citation if you are younger than 18 years old. (Courts and Judicial Proceedings Article, § 3-8A-01(d))
Did I receive a juvenile civil citation?
Yes, if a law enforcement officer gives you a paper – it may be pink – that says, on the very top, “Uniform Juvenile Civil Citation”.
Do I need a lawyer?
The juvenile civil citation process is adversarial. It is highly recommended that you, at least, talk to a lawyer to learn more about the process and your rights. If you do not have a lawyer, contact the Office of the Public Defender.
What is in a juvenile civil citation?
It has 6 parts.
- Part 1 – Identification. Your full name, current address, and other identifying information, and the law enforcement agency that issued the citation
- Part 2 – Charge. What you are being charged with doing, including the date, time, and location. Your full name, current address, and other identifying information, and the law enforcement agency that issued the citation.
- Part 3 – Instructions. DJS will send you notice about when and where you must appear.
- Part 4 – Signatures. Your signature shows that you agree to show up at DJS for Intake. Signing does not mean that you admit the charges in the citation. The law enforcement officer’s signature is under “penalty of perjury”. If the officer is not truthful, the officer may be guilty of lying under oath.
- Part 5 – Intake Decision. After Intake, the Intake Officer states the intake decision and signs the citation. Your parent or legal guardian also signs the citation.
- Part 6 – Notice. The back of the citation has information about Intake and juvenile court.
Breaking what laws may result in a juvenile civil citation ?
You may get a juvenile civil citation for breaking laws on underage drinking, marijuana possession or use, or gambling. These are actions that may lead to a juvenile civil citation.
- Using or possessing less than 10 grams of marijuana. (Maryland Code, Criminal Law Article, § 5-601)
- Misrepresenting your age to unlawfully obtain an alcoholic beverage. (Criminal Law Article, 10-113)
- Possessing or consuming an alcoholic beverage. (Criminal Law Article, § 10-114)
- Possessing a card or documentation with a false age, with the intention of violating the alcoholic beverage laws. (Criminal Law Article, CL § 10-115)
- Obtaining an alcoholic beverage for consumption by someone else who is younger than 21 years old. (Criminal Law Article, CL § 10-116)
- Possessing Salvia divinorum (also called Salvia). (Criminal Law Article, § 10-132)
- Playing a table game or video lottery terminal in a video lottery facility, or entering or remaining in an area within a video lottery facility that is designated for table game or video lottery terminal activities. (Criminal Law Article, § 10-136)
- Drinking or possessing an alcoholic beverage on public school property. Drinking or possessing an alcoholic beverage, causing a public disturbance at an elementary or secondary school athletic contest, and not complying with a request by a law enforcement officer to stop drinking and causing the public disturbance. (Maryland Code, Education Article, § 26-103)
(Courts and Judicial Proceedings Article, § 3-8A-33)
A juvenile civil citation may be issued for violations of other statutes in some counties.
What will happen if I do not appear at Intake?
You may be arrested and required to appear in the juvenile court.
What happens at Intake?
The DJS Intake Officer talks to you and your parents or legal guardian, and decides what to do about the citation.
- The Intake Officer may:
- Refer you to an alcohol or substance abuse education or rehabilitation program;
- Assign you to a supervised work program for not more than 20 hours (first violation) or not more than 40 hours (subsequent violation);
- Require your parent or guardian to withdraw their consent to your driver’s license, and advise the Motor Vehicle Administration about it; or
- Forward the citation to the State's Attorney.
- The Intake Officer must forward the citation to the State's Attorney if:
- Your parent or guardian refuses to withdraw consent to your driver’s license;
- You do not comply with the alcohol or substance abuse education or rehabilitation program referral; or
- You do not comply with a supervised work program assignment.
(Courts and Judicial Proceedings Article, § 3-8A-10(k))
What happens if the citation is forwarded to the State’s Attorney?
That office may file the citation with the juvenile court.
What happens in Juvenile Court?
-
Adjudicatory hearing. This hearing determines whether the allegations in the citation are true. The court will hear evidence from the juvenile (usually through the juvenile’s lawyer) and from the State’s Attorney. If the court does not find that the allegations in the citation were proved beyond a reasonable doubt, the court must dismiss the citation.
(Courts and Judicial Proceedings Article, § 3-8A-18)
- Disposition hearing. If the court finds that the allegations are proved beyond a reasonable doubt, it will hold a disposition hearing to determine whether you need guidance, treatment, or rehabilitation and, if so, the services to order.
- Regarding driving, the court:
- May order the Motor Vehicle Administration to suspend your driver’s license for between 30 and 90 days.
- If you broke Criminal Law Article, §10-113, and used a real or fake driver’s license, the court may order the MVA to suspend your driver’s license:
- For a first offense, for 6 months; and
- For a subsequent offense, until you are 21 years old.
- If you broke Education Article, § 26-103 (and you have a driver’s license), the court must order the MVA to suspend your driver’s license for between 30 and 90 days.
- If you do not have a driver’s license, the suspension must begin:
- If you are at least 16 years old on the date of the disposition, on the date of the disposition; or
- If you are younger than 16 years old on the date of the disposition, on the date you reach your 16th birthday.
- In addition, the court may:
- Counsel you and/or your parent, or order you to participate in an alcohol or a substance abuse education or rehabilitation program; or
- Order you to participate in a supervised work program for not more than 20 hours (first violation) and not more than 40 hours (subsequent violation).
(Courts and Judicial Proceedings Article, § 3-8A-19)
Can I get the court and police record of my juvenile civil citation expunged?
Yes, the Juvenile Record Expungement law applies to juvenile civil citations.
See Juvenile Record Expungement for more information.