Juvenile Defense Attorney Massachusetts

Being Accused is Traumatic. We Understand.

We Get You Safely Through the Storm.

Massachusetts Juvenile Court handles delinquency and youthful offender cases against children under 18, under rules that work very differently from adult criminal court.

We defend children and support their families in Juvenile Court sessions throughout Greater Boston and Eastern Massachusetts.

Calm seas after the storm of a criminal charge.

Over 30 Years Defending Juvenile Cases in Massachusetts Courts

Massachusetts Juvenile Court runs on its own statute, its own dispositions, and its own protections, and very little of it works the way adult court does. We have defended children facing delinquency and youthful offender charges for over 30 years, and we can walk you through how a criminal case moves through the courts from the first phone call to the last court date, in Greater Boston and Eastern Massachusetts.

Understanding Your Situation

If you are reading this, your child has probably been arrested, summonsed, or questioned by police, and you are trying to work out what just happened to your family. Most parents we meet know nothing about Juvenile Court. Much of what turns up in a late night search is wrong, and some of the most frightening parts of it are not Massachusetts law at all.

Your child is not a bad kid. Children do impulsive and thoughtless things, and sometimes serious ones, and a charge is a moment in a young life rather than a verdict on it. We have watched a great many of these cases end in a way that let a child move on.
The Juvenile Court system was built around that idea. It carries real consequences and we will never pretend otherwise, but it also carries options adult court does not have, including ways to end a case with no record at all. Those options are easiest to reach early, before decisions get made without you in the room.

How Juvenile Court Differs From Adult Court

Juvenile Court is not adult court with a gentler name. It is a separate court with its own statute, and that statute changes who can be charged, what the case is called, who may sit in the courtroom, what a judge may order, and how long any order can last.

The system reaches children between 12 and 18. A child under 12 cannot be charged as delinquent at all, and a first offense misdemeanor punishable only by a fine, by no more than six months in a jail or house of correction, or by both, sits outside the delinquency definition as well. Civil infractions and violations of municipal ordinances and town by-laws are outside it too.

There Is No Transfer to Adult Court

You will read on other websites that a serious charge can get a child transferred to adult court. In Massachusetts that is not how it works. The Commonwealth may proceed by complaint in Juvenile Court or by indictment as a youthful offender, and either way the statute directs the court to handle the case in Juvenile Court. What an indictment changes is exposure and privacy, not the courthouse. A youthful offender case stays before a Juvenile Court judge. What widens is the sentencing range, and what falls away is the confidentiality.

The Courtroom Is Closed, With One Exception

In an ordinary delinquency case the court excludes the general public and admits only people with a direct interest in the case. The records are withheld from public inspection except with a justice's consent, and they stay open at all reasonable times to the child, the parents, the guardian, and the attorney. That protection does not apply where the Commonwealth has proceeded by indictment. Records of a youthful offender proceeding brought on an indictment are open to public inspection to the same extent as adult criminal court records. For many families this is the single most important practical difference between the two tracks.

Your Child Has the Right to a Jury

A child complained of as delinquent or indicted as a youthful offender is tried by a jury unless the child files a written waiver and consents to be tried by the court. Some websites still tell parents there are no juries in Juvenile Court. That is not correct. The law deliberately slows the waiver decision down. No waiver is accepted until the pretrial conference is finished, a hearing has been held on its results, and any pretrial discovery motions have been decided and complied with, and defense counsel certifies that the necessary explanations were made.

What Children Get Charged With

Most juvenile cases involve the same offenses adults are charged with, brought as delinquency in a different court under different rules. Assault and battery, drug possession and distribution, larceny and breaking and entering, motor vehicle offenses, weapons charges, and sexual offenses all reach Juvenile Court. The elements the Commonwealth must prove are the same. What changes is the court, the disposition, and the protections around the case.
Several of those charge types have their own pages here, with the elements and the penalties set out in full: drug crimes, violent crimes, gun charges, and sex crimes. Those pages describe the offense itself. This page describes the court your child will be standing in.

Offenses That Exist Only for a Child

A small set of Massachusetts offenses can only be committed by someone under 18, and the one families meet most often is sexting. Since September 2024, a person under the age of criminal majority who possesses, buys, or sends the kind of visual material covered by the child pornography statutes may instead be punished on the juvenile disposition scale. A child adjudicated under that provision is not required to register with the Sex Offender Registry Board, and no data about the adjudication goes to the board.
The statute also protects a child who passes an image along in order to report it, whether to a police department, to the state education agency, or to a parent, foster parent, guardian, teacher, principal, or other relevant school staff. Forwarding it for that purpose is not dissemination under the section.

Several competing pages still tell parents that teen sexting is simply child pornography in Massachusetts. That has not been the whole picture since this provision took effect, and the difference matters enormously to a family worried about sex offender registration.

The Educational Diversion Program

Where a child is alleged delinquent by reason of one of the sexting offenses and has already been arraigned, the court is directed, after consulting the child's counsel, to place the child on pretrial probation with conditions that include completing an educational diversion program developed by the Attorney General. The Attorney General reports successful completion back to the court. On a finding of non-compliance the complaint is restored to the docket, and where the child entered the program before arraignment the case comes forward for arraignment after the district attorney and the child's counsel are heard.

Delinquency and Youthful Offender

Every juvenile case in Massachusetts runs on one of two tracks, and which track it is on shapes everything that follows. A delinquency complaint is the ordinary route, and it keeps the case inside the protections described above. A youthful offender indictment is the exception, and it is available only in narrow circumstances.

When a Case Can Become a Youthful Offender Case

A youthful offender is a person charged with an offense committed between the 14th and 18th birthdays that would be punishable by state prison if an adult committed it, plus one additional factor. That factor is a previous commitment to the Department of Youth Services, an offense involving the infliction or threat of serious bodily harm, or a charge under specific firearm provisions.
If none of those three factors applies, the case cannot be indicted as a youthful offender however serious it sounds. That single question is often the most important one in the first few weeks, and it is worth having a lawyer look at the complaint before the arraignment date.

How a Juvenile Case Moves

The sequence is not a mystery, and knowing it takes some of the fear out of the coming weeks. Not every case starts the same way, and some of them end before they really begin.

Before arraignment, a child may ask for a diversion assessment. The child notifies the judge before arraignment, and the judge may grant a fourteen day continuance while probation or a program conducts the assessment. If the case is continued for that purpose the child is not arraigned, and nothing is entered into the criminal record system until a judge orders ordinary processing to resume.

If the case is arraigned, release comes next. A child who has turned 12 but not 18 and cannot furnish bail is committed to the care of the Department of Youth Services, or released to a probation officer, a parent, a guardian, or another responsible person for safekeeping. The court may recommend secure detention only for a child who has turned 14, and only after finding the child is a fugitive from another jurisdiction on a delinquency petition or is charged with an offense the Commonwealth could bring by indictment.

From there the case follows pretrial conference, discovery motions, and either a trial or a negotiated disposition. A child pleads not delinquent, or that the child should not be adjudged a youthful offender. Where the Commonwealth will not agree to terms, a child may still tender a plea together with a request for a specific disposition and ask the judge to accept it.

What the Court Can Order

This is usually the question parents most want answered, and the honest answer is that the range is wide and the worst end of it is uncommon. What a judge may order turns on which track the case is on and on the offense charged. Here is what the law allows:

‍A continuance without a finding. After proof beyond a reasonable doubt, a judge may continue the case without a finding and place the child on probation, with the consent of the child and at least one parent or guardian. That path is closed by statute for a set of serious offenses against the person, where both a continuance without a finding and placement on file are barred.

‍Probation. Probation is the most common disposition in delinquency cases. It runs no longer than the child's 18th birthday, or the 19th if the case is disposed of after the 18th, or the 20th if it is disposed of after the 19th.

‍Placement on file. On an adjudication the court may place the case on file rather than impose anything further, except for the serious offenses where the statute forbids it.

‍Commitment to the Department of Youth Services. A committed child is in the department's care rather than an adult facility, and the same age caps apply. This is what parents fear most, and in the ordinary delinquency case it is the exception rather than the rule.

‍A required commitment in firearm cases. Where a child is adjudicated delinquent under specific firearm provisions, the statute requires commitment to the department for at least 180 days, or until the 18th or 19th birthday if that comes first, and that period may not be reduced or suspended. Upon a second or subsequent adjudication the minimum is one year, also not reducible or suspendable.

‍Adult sentencing exposure on a youthful offender indictment. Upon an adjudication as a youthful offender the judge may impose a sentence provided by law, a commitment to the department until age 21, or a combined sentence that commits the child to the department until 21 with a suspended adult sentence behind it pending successful completion of probation. The judge must make a written finding explaining why the option chosen best protects present and long term public safety. A youthful offender who has not turned 18 and receives a state prison or house of correction sentence is held in a youthful offender unit separate from adult prisoners.

‍A sentencing hearing built around your child. Before any youthful offender sentence the court holds a hearing that weighs the nature and seriousness of the offense, a victim impact statement, a probation officer's report on the child's history, the court and delinquency records, whether past treatment or dispositions worked, the services the juvenile system can offer, the child's age and maturity, and the likelihood of avoiding future offending. No sentence is imposed until a presentence investigation report has been filed and made available to the parties at least seven days beforehand.
Most cases do not end anywhere near the serious end of that range. The disposition is negotiable, it is shaped by what the judge learns about your child, and it is very often the part of a juvenile case where careful preparation changes the outcome.

Harassment Prevention Orders Against a Juvenile

Sometimes the first court paper a family sees is not a criminal complaint at all. It is a harassment prevention order, often taken out after a conflict between two students. Massachusetts routes these cases in a way that surprises nearly everyone.

The Juvenile Court has no jurisdiction over abuse prevention orders, which issue from the District Court, the Boston Municipal Court, the Superior Court, and the Probate and Family Court. Where the defendant is under 18, a harassment prevention order is different. It must be filed, heard, and determined in the Juvenile Court, which has exclusive jurisdiction over it.

The Trial Court's guidelines direct that a parent or guardian should accompany a minor defendant, and that a judge who sees a minor appear alone should try to secure a parent or guardian before going forward. The guidelines also note something parents rarely expect. Although delinquency proceedings are closed to the public, there is no comparable provision allowing the courtroom to be closed for a harassment prevention order involving a minor.

Judges are also advised that an order written for an adult may not suit a child. Where both students attend the same school, the guidance suggests setting a distance rather than ordering the child to stay away from the school altogether. Violating one of these orders is a separate criminal offense, which is why the terms are worth arguing over carefully when the order is first issued.

Keeping It Off the Record

For most parents this is the real question. Not what happens in the next six months, but whether this follows a child into college applications, job applications, and the rest of an adult life. Massachusetts gives a juvenile case several ways off the record, and they are the reason it pays to have someone involved early.

Diversion, and Why Timing Matters

Diversion is the strongest tool on this page. The Juvenile Court may divert a child from further court processing into an approved program, and separately a district attorney may divert any child for whom there is probable cause, before or after an assessment, with or without the court's permission.

Once a judge finds a child eligible, proceedings are stayed for 90 days, which may be extended by up to another 90. No stay happens without the child's written consent to the terms and a knowing waiver of the right to a speedy trial, and only on the advice of counsel. While the child is eligible there is no arraignment and no entry into the criminal record system, and eligibility does not count as the issuance of a criminal complaint for purposes of the school expulsion statute.

What your child says during the process is protected. A request for an assessment, a decision not to enter a program, a determination that a child would not benefit, and anything the child or the family said during the assessment are not admissible against the child, and those statements and records are not disclosed at any time to prosecutors or law enforcement in connection with charges against the child or a codefendant. If the judge dismisses the complaint after successful completion, the court is directed to order the records expunged unless the child objects.
Not every case qualifies. A child indicted as a youthful offender is ineligible, as is a child charged with one of a list of enumerated offenses, with an offense carrying more than five years of incarceration, with an offense carrying a minimum term of incarceration, or with an offense that may not be continued without a finding or placed on file.

Sealing a Juvenile Record

A person with a record of delinquency court appearances on file with the Commissioner of Probation may ask to have it sealed, and the Commissioner is required to comply if the conditions are met. Every court appearance and disposition, including court supervision, probation, commitment, or parole, must have ended at least three years earlier, and there can be no Massachusetts adjudication, finding of guilt, imprisonment, or commitment in the preceding three years, setting aside minor motor vehicle matters. The request is made on a form signed under the penalties of perjury that covers other states, United States possessions, and federal court as well.
Once a record is sealed it cannot disqualify a person from any examination, appointment, or application for public service in the Commonwealth, and it is not admissible or usable in any court proceeding or before any board of commissioners, except in sentencing for a later offense. Police and court agencies who inquire are told only that a sealed delinquency record more than three years old exists. Anyone else authorized to inquire is told there is no record. Our record sealing page walks through the process in detail.

Expunging a Juvenile Record

Expungement goes further than sealing, because the record is destroyed rather than hidden. A person with no more than two records as an adjudicated delinquent or adjudicated youthful offender may petition the Commissioner of Probation, and offenses arising out of the same incident count as one. The Commissioner certifies eligibility, notifies the district attorney, and forwards the petition to the court, which decides on what the best interests of justice require and enters written findings. Eligibility turns on four things:

● Every offense in the petition happened before the person's twenty-first birthday

● At least seven years have passed since the offense and any incarceration, custody, or probation where the record includes a felony, and at least three years where it includes only misdemeanors

● The person has no other court appearances or dispositions on file in Massachusetts, in another state, in a United States possession, or in federal court, setting aside motor vehicle offenses penalized by no more than a fifty dollar fine

● The offense is not one the statute excludes, a long list that takes in any offense resulting in death or serious bodily injury, offenses committed while armed with a dangerous weapon, felony offenses against the person, sex offenses, and the firearm provisions
There is also a separate route that sets those requirements aside where a record came from false identification or identity theft, or from conduct that is no longer a crime, shown by clear and convincing evidence. Several competing pages still tell parents that a Juvenile Court judge has no power to expunge a record. The statute says otherwise.

Defenses and What a Case Can Turn On

Start here: a charge is not an adjudication. The Commonwealth has to prove every element beyond a reasonable doubt in Juvenile Court exactly as it would in adult court, and cases involving children are often built on thinner material than the paperwork suggests.

The elements of the offense. Whatever the charge, it carries the same elements it would carry for an adult, and every one of them is contestable. These cases frequently rest on a brief identification, a school official's account of what someone said, or an inference about intent drawn from behavior that has an ordinary explanation.

What your child said, and to whom. Statements to police, statements to school staff working with police, and the searches that produced the evidence are governed by the same constitutional rules that apply to adults, with added attention to a child's age and understanding. A statement taken without the protections the law requires can often be kept out.

Whether the case belongs on the youthful offender track at all. The three triggers are narrow ones. Challenging the Commonwealth's theory that one of them applies can move a case out of adult sentencing exposure and back into ordinary delinquency.

Whether the charge fits the age and the offense. A child under 12 cannot be adjudicated delinquent, and a first offense misdemeanor punishable only by a fine, by no more than six months, or by both sits outside the delinquency definition altogether. Those limits are worth checking on every complaint.

And where the evidence is strong, the disposition. That is where a juvenile case is very often won. What a judge learns about who your child is, what has been going on at home or at school, and what help is already in place can matter as much as any motion.

If Your Child Has Just Been Charged

Take a breath. Your family is going to get through this, and there are a few things that help right now.

● Do not let your child be interviewed by police or school officials without a lawyer present, even when someone suggests it will clear everything up
● Do not discuss the case with anyone except your child's attorney, including in parent group chats and school messaging apps
● Keep your child away from the other people involved and from anyone who may end up a witness, online as well as in person
● Save everything including texts, social media messages, school emails and letters, and any incident report or paperwork you were handed
● Write down what you know about when this started, who was involved, and what your child has already been asked or has already said
● Ask about a diversion assessment before arraignment if your child's lawyer thinks the case is a candidate, because that request has to be made early to do any good
● Follow every court order including stay away orders and conditions of release, and tell the school about anything that affects the school day
● Talk to a lawyer who does juvenile work before the arraignment date if you possibly can

‍Call (978) 969-2890 for a free consultation. Phones answered 24/7 by a real person.

Getting someone involved early is what makes diversion possible, keeps an arraignment from happening before anyone has looked at the case, and leaves time to gather the things a judge should know about your child. Very little of this is beyond repair.

“I would absolutely recommend Ernie to anyone.”

He was more than just my lawyer. He was my guardian angel during a very scary and desperate time in my life. He walked with me every step of the way and looked out for my best interest at every twist and turn. He stayed available seven days a week and within moments of my reaching out to him. I will be indebted to him forever. I knew I was in safe hands even though my matter kept me in constant fear. He gave me the courage to keep pushing forward and spent countless hours cheerleading me through an unspeakable experience.

Diane

"Attorney Stone was excellent."

He was extremely knowledgeable and knew his way around the Diversion Program and the Court. He gave us all the information and potential results upfront. He explained the entire process to us from start to finish and he mapped out a plan of action that resulted in a favorable outcome for my child. I would recommend Attorney Stone 100 percent. Thanks to him my child has no criminal record.

Lisa

"I knew Ernie was the real deal."

I knew the moment I spoke to Ernie on the phone he was the real deal. He made us feel at ease during a very stressful time and fought for us. We won our case because of his perseverance and professionalism. He’s just a really good person who’s in your corner fighting for you. Thanks Ernie you’re the best!!!!

Cheryl

"I can't say enough about Ernie and his team. "

They helped our family navigate a very delicate and complicated legal situation. We couldn't be more pleased with the outcome. And Ernie's down-to-earth demeanor helped us feel like we were being listened to and never being talked down to. I would highly recommend Ernie, as I am certain he would do his absolute best to achieve a best-case-scenario outcome for every single one of his clients.

R. H.

"Much love and appreciation to this group"

I would recommend them to anyone. From the first call I knew this was the right choice. Ernie kept my best interests in mind when representing me with results better than expected! I can’t thank them enough. Special shout-out to Joanne who is truly the nicest person. Their whole vibe was homely like family. Much love and appreciation to this group... even the 4 legged nugget running around their office.

A. R.

"I was in good hands..."

Before working with Ernie I was very unaware of how my future would be and felt alone in my case; that all changed once I had Ernie Stone as my lawyer. Very professional, very reassuring, very caring and helpful with any questions you may have. I can definitely say that there was always a smile on their faces and made me feel welcomed and well taken care of. I had no doubt in mind that I was in good hands and that I was going to be alright.

R. J.

What to Expect When You Call

We know this call is hard to make. You may feel frightened, embarrassed, or unsure what to say about your own child. That is okay. You do not need to have the right words.

● We will listen to your story and answer your questions
● We will explain the specific charge and what the Commonwealth must prove
● We will discuss possible defense strategies and resolution options for your specific situation
● We will explain our approach and how we can help you through this
● Everything you tell us is confidential
● There is no obligation to hire us

You do not need to have the answers. Just call, and we will take it from there. Phones answered 24/7 by a real person. Free, confidential consultation.

We'll Get You Through the Storm

Juvenile charges demand experienced legal representation. We can help your family through this storm.

‍Call (978) 969-2890 for a free consultation.

Over 30 years of Massachusetts criminal defense experience. Serving Greater Boston and Eastern Massachusetts including Beverly, Salem, Lynn, Peabody, Gloucester, Newburyport, Lawrence, and Haverhill.
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