Juvenile Division

When a juvenile commits an offense within the county, the Juvenile Division will consider whether or not to send the juvenile through the diversion program based on specific criteria established by the Washington County Attorney. The Youth Service Bureau in Stillwater and Cottage Grove operate the diversion programs. Some local law enforcement agencies also send cases directly to diversion without going through the Washington County Attorney’s Office. Diversion offers juveniles, who admit they broke the law, an opportunity to avoid a juvenile court record. They sign a contract to complete certain requirements that address their unlawfull behavior, including community work service, restitution to the victim, programs on theft awareness, peaceful alternatives to conflict or other appropriate programs. If  juveniles successfully completes the diversion contract, their case will not be sent to court. The community benefits from diversion programs as the juvenile typically has a swift consequence as compared to cases that go through juvenile court. Juveniles who participate in diversion have a low recidivism rate.

A juvenile petty offense includes offenses that if committed by adults would not be considered a crime.  These offenses typically include curfew and tobacco violations, alcohol possession and consumption, or possession of a small amount of marijuana. It also includes some misdemeanor crimes that by law are reduced to petty misdemeanors. These cases are most often diverted. However, if the juvenile doesn’t qualify for diversion or fails diversion, the case will be heard in juvenile court.

Once in juvenile court, a juvenile petty offender does not have the right to a public defender because possible consequences for admitting a petty offense do not usually include placement out of the child’s home. If it does, the juvenile petty offender can apply for a public defender. A juvenile petty offender has the right to hire a private attorney to represent them in juvenile court.

If the juvenile petty offender admits the charge, the juvenile court judge can impose any combination of the following consequences:

• Pay a fine of up to $100;

• Participate in community service project;

• Participate in a drug awareness program;

• Obtain a chemical dependency evaluation and, if necessary, outpatient treatment;

• Placed on probation for up to six months;

• Restitution to the victim; or

• Suspension of driver’s license for 90 days if purchased or attempted to purchase alcohol or tobacco.

A juvenile traffic offense includes all petty misdemeanors, misdemeanors, gross misdemeanors and felony traffic violations committed by juveniles who are younger than the age of 16. It also includes all traffic violations committed by juveniles who are 16 and 17 years old, except petty misdemeanor and DWI violations. Those cases are heard in adult court.

Juvenile traffic offenses are not diverted in Washington County. Once in juvenile court, a juvenile traffic offender does not have a right to a public defender because possible consequences for admitting a traffic offense does not usually include placement out of the child’s home. If it does, the juvenile traffic offender can apply for a public defender. A juvenile traffic offender has the right to hire a private attorney to represent them in juvenile court.

If the juvenile traffic offender admits the charge, the juvenile court judge can impose any combination of the following consequences:

• Reprimand the juvenile and counsel with the juvenile and the parents;

• Continue the case for a reasonable period under conditions governing the juvenile’s use and operation of any motor vehicle;

• Attend a driver improvement school;

• Suspension of driver’s license;

• Cancellation of driver’s license if juvenile committed two moving violations, or contributed to a highway accident involving death, injury or physical damage in excess of $100);

• Probation with reasonable rules relating to the operation of motor vehicles;

• Restitution for damage (link to restitution in victim witness section);

• Fine of up to $700; or

• Chemical abuse assessment and follow recommendations.

A child is a juvenile delinquent if they have violated a state or local law that is not considered a juvenile petty offense. 

Many delinquency offenses are sent through diversion. However, if the juvenile doesn’t qualify for diversion or fails diversion the case will be heard in juvenile court. Once in juvenile court, a juvenile charged as a delinquent in Washington County will be represented by a public defender from the first hearing on because possible consequences for admitting a delinquency charge can include placement out of the child’s home. A juvenile delinquent has the right to hire a private attorney to represent them in juvenile court.

If the juvenile delinquent admits the charge, the juvenile court judge can impose any combination of the following consequences: