Grand Rapids Juvenile Defense Lawyer

Is your child facing a Michigan juvenile case? How the family division, adult court and the record work

I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years. This page covers juvenile defense in Michigan from the defense side: who counts as a juvenile, how a delinquency case moves through the family division, the routes that put a 14- to 17-year-old in adult court, what a young person is entitled to when police ask questions, and what happens to the record afterward. I do not promise outcomes.

The short answer. A person under 18 who is accused of a crime is usually handled in the family division of circuit court, not in criminal court. The case is a delinquency case, and a finding against the juvenile is an adjudication with a disposition, not a conviction. The exceptions are serious offenses on a statutory list and cases a judge waives or designates, where a 14- to 17-year-old can be prosecuted as an adult. A juvenile has a right to a lawyer, and the early choices, including whether to talk to police, can shape every route that follows. Nothing here predicts how your case will end.

Parents usually call me in the first day or two, after a police interview, a school investigation or a detention hearing. The statutes give a young person more ways to be diverted, supervised in the community or protected from a lasting record than an adult has. They also give the prosecutor and the court real tools to move a case to adult court. Michigan raised the age of juvenile jurisdiction effective October 1, 2021, and amended the waiver, designation, diversion and consent calendar provisions effective October 1, 2024, so I work from the current text and check the dates in your file.

The routes a juvenile case can take

A juvenile case follows one of five tracks. Details for each appear below.

Who counts as a juvenile

The age line. Until September 30, 2021, a juvenile was a person under 17 who was the subject of a delinquency petition. Beginning October 1, 2021, it is a person under 18. MCL 712A.1(1)(i). The family division has exclusive original jurisdiction over a person under 18 who has violated a state law or municipal ordinance, with an exception for specified juvenile violations. MCL 712A.2(a)(1). An arrested child under 18 is to be taken immediately before the family division, and a criminal case that turns out to involve a child under 18 is transferred there. MCL 764.27. A case with an older offense date can involve the older definition, so I confirm which version applied.

Adults 18 to 25 are not in juvenile court. Beginning October 1, 2021, a person who pleads guilty to an offense committed on or after the eighteenth birthday but before the twenty-sixth birthday may be considered for youthful trainee status without a judgment of conviction, with the person’s consent and subject to listed exclusions. MCL 762.11(2). That is an adult criminal case with a special status, not a juvenile case.

How a delinquency case moves through the family division

Petition and trial. Only the prosecutor can file a petition asking the family division to take jurisdiction over a juvenile who allegedly violated a law, and the court decides whether to authorize it. MCL 712A.11(2). A person interested in the hearing may demand a jury of 6. MCL 712A.17(2). Under MCR 3.942, trial is to be held within 6 months after authorization unless adjourned for good cause, the Michigan Rules of Evidence and the beyond-a-reasonable-doubt standard apply, and the verdict is guilty or not guilty of the offense charged or a lesser included offense.

Adjudication, not conviction. Proceedings under the juvenile code are not criminal proceedings unless the code says otherwise. MCL 712A.1(2). A juvenile found within the code receives an order of disposition, not a judgment of conviction, but the court reports final dispositions to the State Police, so an adjudication still leaves a record. MCL 712A.18(16).

Competence. A juvenile 10 or older is presumed competent unless a party raises the issue, and a juvenile under 10 is presumed incompetent. When competence is raised, the proceeding temporarily stops until it is decided. MCL 330.2062. Incompetence is measured by age-appropriate norms, including whether the juvenile can consult with and assist the lawyer and understand the charges. MCL 712A.1(1)(h). I ask about school history, diagnoses and how well the young person understands what is happening.

A juvenile’s right to a lawyer

Under MCR 3.915(A), if the juvenile is not represented, the court must advise the juvenile of the right to an attorney at each stage on the formal calendar, including trial, plea of admission and disposition. The court must appoint one in listed situations, including when the family cannot afford one. A juvenile may waive a lawyer, but not if a parent, guardian or guardian ad litem objects, and the waiver must be made in open court with a finding on the record that it was voluntary and understanding. At trial, a juvenile who asks to proceed alone must be told of the dangers and disadvantages of self-representation. MCR 3.942(B)(3). My advice to families is simple: do not let a teenager waive a lawyer.

The statute speaks to cost. At disposition the court may not order a juvenile or a parent to pay for court-appointed attorney representation. MCL 712A.18(3). At a waiver hearing, the judge may assess the cost of appointed counsel against those who are financially able. MCL 712A.4(6).

Police questioning of a juvenile

Many juvenile cases are built on a statement. Michigan courts review a juvenile’s Miranda waiver under a totality-of-the-circumstances test with added safeguards. In People v. Eliason, the Court of Appeals quoted nine factors: whether the Miranda requirements were met and the juvenile understood and waived the rights; police compliance with MCL 764.27 and the juvenile court rules; the presence of an adult parent, custodian or guardian; the juvenile’s personal background; age, education and intelligence; prior experience with police; the length of detention before the statement; repeated and prolonged questioning; and whether the juvenile was injured, intoxicated, ill, abused or threatened, or deprived of food, sleep or medical attention. 300 Mich. App. 293, 305 to 306 (2013). The court applied them to a 14-year-old and held the waivers voluntary, noting that his father was present for one interview and absent from the other at the juvenile’s own request.

So a parent’s presence is one factor, not a requirement, and the weight of each factor is decided case by case. The United States Supreme Court has also held that a child’s age properly informs the Miranda custody analysis, so long as the age was known to the officer or would have been objectively apparent to a reasonable officer. J. D. B. v. North Carolina, 564 U.S. 261, 265 (2011). A challenge to a statement is usually raised by a motion to suppress. I get the recording, the time stamps and the rights form before I decide whether to file one. If your child is asked to come in for an interview, call me first.

Detention before trial

Pretrial custody is limited to listed groups, including children whose home conditions make immediate removal necessary, those with a record of unexcused failures to appear, and those whose offenses are so serious that release would endanger public safety. MCL 712A.15(2). Before a juvenile is held in a secure facility pending hearing, a detention screening tool must be used, and the court must consult it and share it with the parties before the detention hearing. MCL 712A.15(3). A detained juvenile whose trial has not begun within 63 days, for reasons not attributable to the defense, must be released pending trial without bail unless held on another matter. MCR 3.942(A). At the hearing I ask for release to a parent, with a clear plan for school and supervision.

When a teenager can be prosecuted as an adult

Specified juvenile violations. The same list appears in several statutes. It includes first-degree arson, assault with intent to commit murder, assault with intent to maim, attempted murder, first- and second-degree murder, kidnapping, first-degree criminal sexual conduct, armed robbery and carjacking, along with violations of MCL 750.84 and MCL 750.110a(2) if the juvenile is armed with a dangerous weapon, major controlled substance offenses, attempts, conspiracies, lesser included offenses and other offenses arising from the same transaction. MCL 712A.2d(9); MCL 764.1f(2); MCL 600.606(2). For a juvenile 14 or older but under 18, the prosecutor “may” authorize a complaint and warrant in adult court, and the circuit court has jurisdiction. MCL 764.1f(1); MCL 600.606(1). The family division has jurisdiction only if the prosecutor files the petition there instead. MCL 712A.2(a)(1). So the move is a charging decision, not an automatic one, and a juvenile accused of a specified juvenile violation must not be diverted. MCL 722.823(3).

Waiver. If a juvenile 14 or older is accused of an act that would be a felony for an adult, the family division judge may waive jurisdiction on the prosecutor’s motion, after notice that the juvenile could be prosecuted as though an adult. MCL 712A.4(1), (2). The judge first finds on the record whether there is probable cause, and that finding replaces the preliminary examination. MCL 712A.4(3), (10). The court then holds a hearing on whether waiver serves the interests of the juvenile and the public. It weighs the seriousness of the offense, the juvenile’s culpability, prior delinquency record, programming history, the adequacy of juvenile programming and amenability to treatment, dispositional options, developmental maturity and emotional and mental health, tribal values where they apply, and the impact on any victim, giving greater weight to the seriousness of the offense and the prior record. MCL 712A.4(4). The court must waive if the juvenile has previously been subject to the circuit court’s jurisdiction under that section or MCL 600.606, and it must enter findings of fact and conclusions of law. MCL 712A.4(5), (8). The factors are where the defense work happens: school records, evaluations, treatment history, family support and a realistic plan for the juvenile system. Counsel has access to the records the judge relies on and can ask for a continuance if new information is introduced. MCL 712A.4(7).

Designation. In a designated case the juvenile stays in the family division’s petition process but is tried in the same manner as an adult. For a specified juvenile violation the prosecutor may designate the case. For another offense the prosecutor may ask, and the court may designate after a hearing using the same nine factors. MCL 712A.2d(1), (2). If the petition alleges a felony, the court must hold a probable cause hearing within 14 days after designation, before a judge other than the trial judge. MCL 712A.2d(4). A designated case is a criminal proceeding, and a guilty plea, a nolo contendere plea or a guilty verdict must result in a judgment of conviction with the same effect as an adult conviction. MCL 712A.2d(7). That is the practical difference between an adjudication and a designated case.

Sentencing a juvenile who is convicted

Adult court or a waived case. The court must sentence a juvenile convicted of any of twelve listed crimes, including first- and second-degree murder, armed robbery, carjacking, kidnapping and first-degree criminal sexual conduct, in the same manner as an adult. MCL 769.1(1). For other offenses, the judge holds a hearing at sentencing and sentences the juvenile as an adult unless it determines by a preponderance of the evidence that the public’s interests would be better served by probation and commitment to an institution or agency under the youth rehabilitation services act. MCL 769.1(3). With the consent of the prosecutor and the defendant the hearing may be waived, but then only the probation and commitment option is available. MCL 769.1(4).

Designated cases. After a conviction the court may enter any juvenile disposition or, if it determines that the public’s interests require it, impose any sentence an adult could receive. It may delay sentencing and place the juvenile on probation. MCL 712A.18(1)(o).

Life without parole. For an offense committed before the eighteenth birthday, the prosecutor may move for life without parole in a first-degree murder case and a few others. The motion is due within 21 days after conviction, and the court must hold a hearing at which it considers the factors in Miller v. Alabama. If it does not impose life without parole, the minimum is 25 to 40 years and the maximum at least 60 years. MCL 769.25(2), (3), (6), (9). Miller held that mandatory life without parole for those under 18 at the time of their crimes violates the Eighth Amendment, and Montgomery held that Miller announced a substantive rule of constitutional law. 567 U.S. 460, 465 (2012); 577 U.S. 190 (2016). The Michigan Supreme Court has applied the same protections to 18-year-olds convicted of first-degree murder under the state constitution. People v. Parks, 510 Mich. 225 (2022).

What the court can order at disposition

The court must return the juvenile to a parent if doing so would not cause a substantial risk of harm to the juvenile or society. It may also enter listed orders that fit the welfare of the juvenile and society, including a warning and dismissal; probation or supervision at home, with conditions; foster care; placement with or commitment to a private or public institution or agency; health care; community service; and parental participation in treatment. MCL 712A.18(1)(a) to (n). Before disposition, a designated person or agency must conduct a research-based risk and needs assessment and share the recommendation with the court, the juvenile, counsel and the prosecutor, and the court uses it to inform the least restrictive setting possible. MCL 712A.18(9), (10). The court may not order a juvenile or a parent to pay the costs of care, services or appointed counsel. Restitution remains available, but a juvenile may not be placed outside the home solely because of nonpayment of restitution. MCL 712A.18(3), (5) to (7).

Diversion and the consent calendar

Diversion. Before a petition is filed or authorized, a law enforcement official or court intake worker may release the minor to a parent, divert the matter by agreement, or file a petition. MCL 722.823(1). The conference is voluntary, an attorney may attend, and what the minor says there or after diversion is agreed to, before a petition is filed or authorized, may not be used against the minor. The agreement must be in writing and generally cannot run longer than 3 months. MCL 722.825(1) to (3).

Consent calendar. The court may proceed informally only if the juvenile, the parent or guardian and the prosecutor all agree and the court has considered the screening reports. MCL 712A.2f(1), (2). A formal case can be moved to the consent calendar at any time before disposition. MCL 712A.2f(5). The court issues a written case plan that must include restitution, cannot remove the juvenile from the parent’s custody and generally cannot run longer than 6 months. When the juvenile completes the plan the court closes the case and destroys the records, though the State Police keep a nonpublic record, and statements made on the consent calendar may not be used at a later formal trial on the same charge. MCL 712A.2f(9), (11), (13), (14). These tracks depend on agreement, so I ask early and put the case for a lower track in writing, with the school, treatment and family information behind it.

Records, set-asides and registration

Who can see the file. Juvenile case records were open to the general public through December 31, 2020. Beginning January 1, 2021, they are open only to persons having a legitimate interest, which includes the juvenile, parents, counsel, law enforcement, a prosecutor and a court of this state. MCL 712A.28(2), (3), (5)(d).

Set-aside. The statute provides that an adjudication is set aside without an application two years after court supervision ends or when the person turns 18, whichever is later. That process does not apply to specified juvenile violations, to adjudications barred under MCL 712A.18e(2), or to adjudications for a list of offenses that includes MCL 750.81a, 750.82, 750.90, 750.136b and 750.520d. MCL 712A.18t(1) to (3). After a set-aside the person is considered not previously adjudicated, but the State Police keep a nonpublic record available to courts, law enforcement, prosecutors, the attorney general and the governor for listed purposes. MCL 712A.18t(4), (6). Others may apply one year after jurisdiction ends if they have no felony convictions and no more than one felony-level and three total juvenile offenses, though adjudications for life-maximum offenses and MCL 712A.2d convictions are excluded. MCL 712A.18e(1) to (3). I confirm with the court and the State Police record whether an adjudication has actually been set aside, since the statute states the rule and the file shows what happened.

Sex offender registration. When the court enters a disposition for a listed offense under the Sex Offenders Registration Act, it must register the juvenile or accept the registration, and it must decide whether an unlisted offense is by its nature a sexual offense against a person under 18. MCL 712A.18(17), (19). A juvenile disposition counts under the Act only if it is open to the general public under MCL 712A.28, the juvenile was 14 or older, and the offense would be tier III. MCL 28.722(a)(iii). Because records have been nonpublic since 2021, I read those provisions together and check the dates before treating a registration order as settled. The Act has removal routes for some juvenile registrants. MCL 28.728c(13), (15).

When the juvenile turns 18 before the case ends

If a juvenile reaches 18 after the petition is filed, the court keeps jurisdiction and may hear and dispose of the petition. MCL 712A.11(4). Jurisdiction continues for 2 years beyond the maximum age unless the juvenile is released sooner, and for a list of serious offenses it may continue until age 21. MCL 712A.2a(1), (5). The extension does not apply if the juvenile is sentenced to the Department of Corrections. MCL 712A.2a(7).

How I handle a juvenile case

1. Stop the statements. I tell the family not to let the young person talk to police, school investigators or the other side, and I find out what has already been said and recorded.
2. Identify the track. I read the petition or complaint, the age and the offense date, and decide whether the charge is a specified juvenile violation, whether waiver or designation is a risk, and whether diversion or the consent calendar is open.
3. Protect the early hearings. I prepare the detention hearing with a release plan and track the 63-day and 6-month rules.
4. Test the evidence. I review any statement under the Eliason factors and decide on a motion to suppress, then look at identification, search and witness issues as I would in an adult case.
5. Build the youth record. For waiver, designation or disposition, I gather school records, evaluations, treatment history, character letters and a supervision plan tied to the statutory factors.
6. Plan for the record. Before any plea, I explain what it does to the file, to set-aside eligibility and to registration.

Ways a juvenile case may end without a trial

None of these is automatic. Each depends on the facts, the evidence, the prosecutor and the court.

Diversion or the consent calendar. If the case qualifies and everyone agrees, it can end with a written plan and no disposition.

Dismissal or a reduced petition. A prosecutor can dismiss or amend a petition after reviewing the evidence, and the court can dismiss on a motion if a statement or a search does not hold up.

A plea in the family division. A plea to an amended petition with a community-based disposition can keep a case out of adult court and out of the conviction column. I weigh it against trial in every case.

What I need from you

Bring the petition or complaint, the detention paperwork, any release conditions and any notice of a waiver or designation hearing. Write down your child’s date of birth, the date of the incident and every conversation with police, school staff or an investigator, with names and dates. Bring school and discipline records, any evaluations, and the names of counselors and teachers who know your child. Do not delete texts, videos or posts. Do not let your child discuss the case with police, the other family or on social media, and call me before you sign anything.

Where your Kent County juvenile case will be heard

I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A delinquency petition is filed in the family division of circuit court, which in Kent County is part of the 17th Judicial Circuit. A specified juvenile violation charged in adult court begins with a magistrate and a felony case begins in district court, which in Kent County includes the 61st District Court (the city of Grand Rapids), the 59th (the cities of Walker and Grandville), the 62A (the city of Wyoming), the 62B (the city of Kentwood) or the 63rd (the rest of Kent County). MCL 600.8130; MCL 600.8128a. If the case continues it is bound over to the Kent County Circuit Court. MCL 766.13; MCL 600.518. A waiver hearing in the family division takes the place of the preliminary examination. MCL 712A.4(10).

Why people hire me for a Michigan juvenile defense case

You work directly with me, the lawyer handling your child’s case. I tell you where the law favors you and where it does not, and I explain what every offer means for the record before you answer it. I speak with the young person and the parents together and separately, because the questions are different. I do not promise outcomes. I build the case the facts support, and then we decide together how to proceed.

Fees depend on the charge, the complexity of the case and whether it is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.

Related Michigan pages

• Grand Rapids Criminal Defense Lawyer
• Grand Rapids Holmes Youthful Trainee Act Lawyer
• Grand Rapids Felony Lawyer
• Grand Rapids Misdemeanor Lawyer
• Criminal appeals

Reviewed by Mitchell S. Bisson, October 28, 2026.

I defend young people charged in the family division and in adult court, from the first police question through the record afterward. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.

Big-Firm Power. Street-Level Grit.

Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.

MBisson@BissonLegal.com

This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.