Despite the best parenting attempts, our teenagers sometimes make poor choices and end up on the wrong side of the law. Underage drinking, marijuana possession, or joyriding can sometimes result in a world of legal trouble. How does the court system treat minors? What are the potential ramifications if your minor child, called a juvenile by the courts, gets a felony or misdemeanor conviction?
More serious or violent offenses may be treated more harshly by the court. One of the options juvenile court judges have is to commit a juvenile to the department of juvenile justice if they have committed a felony or have an extensive delinquency record. This can result in the juvenile being placed in a juvenile correctional facility until they reach 21 years of age. For the most egregious felony offenses, a juvenile’s charge can be sent to a circuit court, where a juvenile may be sentenced as an adult.
Unlike an adult criminal charge, juvenile charges begin in the juvenile and domestic relations district court in the county or city where the crime occurred. Juveniles are afforded the same rights as an adult (such as the right to remain silent, cross-examine witnesses), and have the option of pleading guilty, not guilty, or no contest. There is one major difference between the treatments of adults and juveniles in the court system— if a juvenile court judge finds that a juvenile is “delinquent” (in other words, that there are sufficient facts to convict the juvenile), the court can carry the matter out and give the juvenile an opportunity to have the charge dismissed. During this time, the juvenile may have to complete community service, undergo counseling, or pay restitution. It is critical that while the juvenile’s case is pending that he or she not obtain new charges and attend school every day.
What to Do in the First 24 Hours After Your Teen Is Arrested
The most important first step is to say as little as possible to police and contact a juvenile defense attorney before your child answers any questions. Anything your teenager says at the scene or during booking can be used against them later, even if they were only trying to explain themselves.
Once you’re notified of the arrest, find out where your child is being held, ask for the specific charge and case number, and avoid discussing the details of the incident over a recorded jail phone line. If your child is released to you pending a hearing, keep them enrolled in school and away from any contact with co-defendants or alleged victims — new charges or missed school during this period can hurt their case.
Does My Child Have the Right to Remain Silent and Have a Parent Present?
Yes. Virginia law gives juveniles the same right to remain silent that adults have, and officers are required to make a reasonable effort to notify a parent or guardian before questioning a child in custody about a delinquent act.
In practice, this means your teenager can — and should — decline to answer questions and ask to speak with a parent and an attorney first. A statement taken without proper notification or before your child has had the chance to consult counsel can sometimes be challenged and kept out of court.
What Happens at the Detention Hearing?
If a juvenile is not released to a parent right after arrest, Virginia law requires a detention hearing the next day the court is in session — generally within 72 hours — to decide whether continued detention is necessary.
At this hearing, the judge reviews whether there is probable cause for the charge and whether your child can safely be released home while the case is pending. Parents, guardians, or another responsible adult are entitled to notice of the hearing and the opportunity to be heard, and the child has the right to an attorney at this stage.
Will My Teenager Be Assigned a Court-Appointed Attorney?
In most delinquency cases, yes — Virginia juvenile courts are required to appoint an attorney for a child facing a charge that could result in confinement, unless the family retains private counsel.
A juvenile can only waive the right to an attorney in limited circumstances, and for felony-level charges, that waiver must happen only after the child has actually consulted with a lawyer and the court confirms the waiver is truly voluntary. Because the appointed attorney’s caseload can be heavy, many families choose to retain a private juvenile defense attorney who can devote more direct time to the case.
Can My Teenager’s Case Be Resolved Without Going to Trial?
Often, yes. Many first-time or lower-level juvenile cases in Virginia are handled through intake diversion before a formal petition is ever filed, meaning the case can be resolved with counseling, community service, or restitution instead of a court adjudication.
An intake officer reviews the referral first and has discretion to handle some matters informally. This is one of the biggest reasons early legal advice matters — an attorney can advocate for diversion before the case escalates to a formal delinquency petition.
Any charges, even ones as seemingly minor as a traffic ticket, should be taken seriously for a juvenile. For example, a juvenile convicted of two demerit point traffic violations will have their license suspended for 90 days, while a third will result in a license revocation for a year or until he or she turns 18. Virginia has significantly expanded record sealing since this rule was written. Beyond the juvenile-specific process, Virginia’s broader sealing law now allows automatic sealing of many non-conviction records and, for some convictions, sealing after a waiting period with a clean record — changes that began taking full effect in 2025.
A sealed juvenile record still exists but is hidden from most public and employer background checks; it isn’t the same as full destruction, and certain agencies (like law enforcement and the courts) can still access it. Because eligibility depends on the specific charge and outcome, families should have an attorney review their child’s record once the case closes rather than relying on the general rule of thumb.
When Can a Juvenile Be Tried as an Adult in Virginia?
A juvenile can be certified, or “transferred,” to circuit court to be tried as an adult only in specific circumstances — generally for older teens (14 and up) charged with serious felonies, and certification is mandatory for the most serious offenses such as certain violent felonies.
Transfer is not automatic for most charges; the juvenile court holds a transfer hearing and considers factors like the teen’s age, prior record, and the nature of the offense before deciding whether the case moves to adult court. This is one of the highest-stakes decisions in a juvenile case, since an adult conviction carries adult penalties and a permanent public record.
Will the School Find Out About the Arrest?
It depends on the charge. Virginia law allows the juvenile court system to notify a school division superintendent of certain offenses, particularly those involving weapons, drugs, or violence, and the superintendent can share safety-relevant information with the principal.
A school can pursue its own disciplinary process — suspension, alternative placement, or expulsion — separately from and sometimes faster than the criminal case. Parents should ask their attorney early on how to handle any school meeting, since statements made there are not protected the way statements to a defense attorney are.
Frequently Asked Questions
What Should I Do First If My Teenager Is Arrested in Virginia?
Contact a juvenile defense attorney before your child answers any questions, and avoid discussing the incident by phone from the jail. Find out the exact charge, where your child is being held, and whether a detention hearing has been scheduled.
Can Police Question My Child Without Me Present?
Officers must make a reasonable effort to notify a parent or guardian before questioning a juvenile in custody, and your child has the right to remain silent. If that notification didn’t happen, an attorney can challenge whether any statement your child made can be used in court.
How Long Can Police Hold My Teenager Before a Hearing?
If your child isn’t released to a parent, Virginia law requires a detention hearing the next day the court is in session, generally within about 72 hours. That hearing decides whether your child can go home while the case is pending.
Will My Child Automatically Get a Court-Appointed Lawyer?
In most cases where confinement is possible, yes — Virginia juvenile courts must appoint an attorney unless the family retains private counsel. Families often choose to hire a private juvenile defense attorney for more direct attention to the case.
Can a Juvenile Case Be Resolved Without Going to Trial?
Yes, many first-time or minor cases are diverted at intake and resolved with counseling, community service, or restitution instead of a formal court adjudication. Early legal advocacy improves the odds of qualifying for diversion.
At What Age Can a Juvenile Be Tried as an Adult in Virginia?
Certification to circuit court generally applies to teens age 14 and older facing serious felony charges, and it’s mandatory only for the most serious offenses. Most juvenile cases stay in the juvenile court system.
Will My Teenager’s Juvenile Record Follow Them Into Adulthood?
Not automatically — many juvenile records can now be sealed under Virginia’s expanded 2025 sealing rules, though eligibility depends on the charge and outcome. A felony case that resulted in adult certification remains a public record.
Does the School Get Notified When a Student Is Arrested?
For certain offenses, especially those involving weapons, drugs, or violence, the court system can notify the school superintendent. The school can then pursue its own disciplinary process separate from the criminal case.
Can a Juvenile Lose Their Driver’s License Over Criminal Charges?
Yes — even charges outside of driving, like certain drug or alcohol offenses, can trigger a license suspension for a minor, and repeat demerit-point violations lead to longer suspensions or revocation until age 18.
Do I Need to Hire a Juvenile Defense Attorney, or Can We Use a Public Defender?
A court-appointed attorney is a real, licensed advocate for your child, but caseloads can limit one-on-one time before key hearings. Many families retain a private attorney for closer case management, especially when diversion or a transfer hearing is on the table.
To find out more about the juvenile justice system, or about any aspect of criminal law, please contact us today.
This post is provided as an educational service and should not be construed as legal advice. Readers in need of assistance with a legal matter should retain the services of competent counsel.
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