Everything You Need to Know About Juvenile Criminal Defense Cases in Missouri. Attorneys Christopher Combs and Matthew Brown from Combs Waterkotte answer the most commonly asked questions about Juvenile Criminal Defense Cases in Missouri.
Juvenile Crime FAQs Answered in This Video:
- What is a juvenile crime?
- What are the most common juvenile crimes?
- What is the purpose of a juvenile court?
- Who is a juvenile delinquent?
- Until what age is an individual considered a juvenile?
- What types of crimes can juveniles get arrested for?
- What is the juvenile justice system?
- What is the juvenile justice and delinquency prevention act?
- How is juvenile court different from other courts?
- Can a juvenile case turn into an adult case?
- What is the difference between being tried as a juvenile and an adult?
- What are the leading causes behind youth getting involved in juvenile crime?
- Who is responsible for paying a juvenile offender’s court fines?
- Do youths face any significant risks at detention facilities?
- What exactly is juvenile justice?
- A “juvenile” is the same thing as a “minor” – someone under age 18, right?
- What is a juvenile?
- What are the upper and lower ages of delinquency and status offense jurisdiction?
- Do juvenile courts lose jurisdiction over youth when they turn 18?
- What types of violations constitute a status offense in each state?
- Does the same court handle delinquency cases and status offenses?
- If the police contact my child, is that child obligated to speak to the police?
- Are the police allowed to publish my child’s name and other personal information if he or she receives a juvenile summons?
- How old does my child have to be to qualify for juvenile court protection?
- If my child is arrested as a juvenile, can he or she still go to jail?
- If my child goes to the juvenile court and is ultimately adjudicated a delinquent or convicted, will he or she have a permanent record?
- Are there implications regarding my child’s school and education if he or she is arrested?
- Is it important for a juvenile to have an attorney since in most cases the records of the arrest are sealed?
- What are the most important criteria to consider when engaging a juvenile court lawyer?
- Can a juvenile criminal record be sealed?
Jessica Ambuehl: Welcome back to Hexxen Studios, where we take Marketing to the Power of X.
I’m here today with Chris Combs, Managing Partner, and Matt Brown, Senior Associate at Combs Waterkotte Law Firm here in St. Louis.
Today, let’s talk about juvenile crimes.
Gentlemen, tell me a little bit about the law firm. Did it start here in St. Louis? How long have you had it?
Chris Combs: Sure. This law firm was founded about 14 months ago, January 1st, 2024. Myself and my law partner, Steve Waterkotte, decided to join forces, which has been great because we’ve been able to build a significant team. We’re one of the larger criminal defense firms in the state, which allows us to service our clients at a very high level.
Jessica Ambuehl: And were you Steve friends before you started the law firm?
Chris Combs: Of course, yeah.
It’s a tough decision to partner. Some people say [a] partnership is more important than a marriage, arguably, in business.
It’s been wonderful. We complement each other great. I think we make up for each other’s shortcomings, things like that. The beauty of it is we’ve been able to build a great team. Again, it’s allowed us to service our clients at a very high level.
Two core principles at Combs Waterkotte are that communication is just paramount. The number one complaint from clients, regardless of what type of law you practice, is, “I can’t get ahold of my lawyer. I’m getting stonewalled by a receptionist.”
We prioritize communication. Particularly in criminal defense, people are typically going through one of the most stressful times in their life. Whether it’s a homicide charge or a DWI, to them it’s the most important thing going on. So we have to be able to answer their questions and make ourselves available.
Our second core principle, although it seems kind of trite and cliche, is we’re results driven. And what I mean by that is there’s a lot of defense attorneys out there that will take the first offer from a prosecutor, present it to their client and say, “Hey, if you don’t like it, pay me to go to trial.”
We really work our cases up and that’s the beauty of having a team. By the time a file hits my hands, it’s been reviewed by a senior litigation paralegal, a law clerk, typically, an associate or senior associate, and then it lands on the managing partner’s desk.
So, a lot of eyes on your file. Kind of a white glove experience, which I’m proud to say.
Jessica Ambuehl: Yeah. And for me, even personally, in every area of my life, communication is key, right?
If someone doesn’t text back within so many minutes or reply to an email, it just makes me feel forgotten or not seen. And in and in these situations that you guys are dealing with, these are sometimes life or death or, nonetheless, life changing situations.
So if I wanna partner with somebody that’s gonna believe in me, or at least make me feel like I’m seen. So I love the fact that that’s one of your key points.
But it’s gotta be hard to do, right? You guys have families. So how do you keep up with being on 24/7?
Matt Brown: Well, it can be difficult. But we also understand that, as Chris alluded to, these are oftentimes the most difficult situation that a person can be going through. Any particular crime, your life, your liberty can be at stake.
People, when they come to you with these problems, they want to know that you care and they want to know that you’re gonna take care of their problems. And they want to be kept in the loop and be informed.
So one thing that we pride ourselves on is the communication. All of our clients have our personal cellphone numbers along with the office number. They have our email addresses. We routinely receive text messages, phone calls on our personal cellphones, 24/7.
To be able to do that, it does take an understanding spouse. But my wife is an absolute rockstar. I’ve been doing this for 14 plus years. My wife understands the importance of when somebody comes to my office and pays for me to take care of the most pressing problem that they have. That’s a very serious situation and we take that very seriously.
It’s not uncommon to get phone calls at ten, eleven, twelve o’clock at night, seven days a week. Somebody’s problems typically aren’t just Monday through Friday, eight o’clock till five o’clock.
So in order to do what we do and provide the services and get the results that we get, we are on 24/7 and we do take that very seriously.
Jessica Ambuehl: Have you guys ever had to leave a special event or a family event, birthday parties for work?
Chris Combs: I can certainly tell you that I live in AirPods or earbuds. I can recall many times [when] my daughter was really young, we’d be up at the pool and she’d be crying, and I’d just be going in circles with the stroller, just talking to clients, ’cause she could calm down and sleep when I’d be pushing her.
So, it’s not uncommon to have to step out and take a call. It’s not as overly burdensome as you may think. But when someone has an immediate need, particularly, as Matt said, someone’s arrested, in custody, that’s a “drop everything you’re doing” type of situation, all hands on deck.
Again, I think that’s why Combs Waterkotte is one of the leading firms in the state. We do drop what we’re doing and we have the team to be able to do that.
So it’s not overly burdensome on one person. We split that up, which is very helpful.
Jessica Ambuehl: I do feel like presence is a huge gift. That’s priceless. When someone’s going through something that’s very difficult, or surprising, or just too many unknown factors, you being present with them, whether it’s on AirPods at the pool, or in bed picking up a phone call, or just from the day to day in the office.
I think all of that is a gift and it’s a sacrifice that comes with the job. So, what’s the most rewarding part of the sacrifice that you guys give?
Matt Brown: I think the most rewarding part is getting the desired results that the client deserves. Being able to tell somebody who thought, “My life is over. I’m never gonna be able to recover from the situation.”
To not only tell them, “Hey, things are gonna be okay. We’re gonna get this worked out for you.” And then be able to follow that up with, “Hey, we did it. This is what we were able to do. We told you we were gonna get this done and we did it.”
To see that huge smile on a client’s face and that sigh of relief that they can now put this particular incident behind them, they can finally move on. That to me, that’s the most rewarding thing that we do.
Jessica Ambuehl: So you’re giving them hope.
Matt Brown: I hope so. I think we do.
Jessica Ambuehl: I think from the first phone call to whatever turns out in the end, your whole goal is not just to help them with the legal process, but to continue to give them hope of an outcome that they desire.
So tell me, did you guys grow up wanting to be lawyers?
Chris Combs: I’m the first lawyer [in] my family.
Jessica Ambuehl: Were you good at arguing?
Chris Combs: People often say that, yes, of course. I was pretty anti-authority and argued quite a bit.
I kind of found my pathway to becoming a lawyer in college. I was a finance major and kind of a math guy. Then through some unique experiences and some challenges I went through, I decided to go to law school.
But I knew I wanted to be a criminal defense lawyer before I even applied to a law school. There was no other area of law I wanted to work in.
So although I didn’t know I wanted to be a lawyer until later in life, the second I decided I wanted to be a lawyer there was no other practice area I was interested in.
Jessica Ambuehl: So what does criminal lawyer mean? Because there are lots of lots of things people could call a lawyer for. And if you’ve never done that, I actually would love to know what specifically does that word mean?
Chris Combs: Sure. So I should say, “criminal defense lawyer.”
So, anyone charged with any type of crime, we’re defending them. Again, the one caveat to that at our firm is orders of protection, which we also do, which is kind of a blend of family law, civil law, and criminal law. That’s commonly, referred to as a, “restraining order,” but in Missouri, the proper legal term is, “order of protection.”
So defense lawyers, defending people who have been charged [with] a crime.
Jessica Ambuehl: Okay. And you have a very unique training with the Secret Service?
Matt Brown: I do. I’ve been in private practice for a total of about 14 or 15 years. There was a time for a period of about a year where I was an assistant prosecutor in St. Francis County down in Farmington, where I headed up our sex crimes division.
So I was in charge of prosecuting all our child sex crimes. I was fortunate enough to be recommended to the Secret Service Academy. It was a week long training on specifically how to prosecute child sex crimes, internet sex crimes.
It [was] very detailed on the steps that need to be taken, the evidence that needs to be gathered, how to do that, what to do, what not to do. So I’m probably one of the very few criminal defense attorneys that have that training.
And to me that becomes very beneficial to our clients. Because I oftentimes will know what needs to be done or how something needs to be done from a prosecution side. Typically before a prosecutor will know that. Again, there’s not a whole lot of prosecutors in the state of Missouri that has gone through this specific training.
It’s just something that’s an added benefit to our clients who come to us facing charges like that. We have somebody on staff, myself, who has training that not very many private attorneys have. It’s just a huge benefit to our clients.
Jessica Ambuehl: So speaking how this relates to family, both of you have children. I’m a parent myself. And so one thing that comes to mind are juvenile crimes.
Is that something that you guys have experience in?
Chris Combs: Yes. We handle a lot of juvenile cases.
Juveniles can be charged with any crime that an adult can be charged with. Oftentimes, those can be some of the hardest cases to work. Because again, you’re dealing with minors and children. Sometimes the family’s very involved. Sometimes the family’s not all that involved.
But yes, we handle a lot of juvenile cases. We’ve tried them. It’s different than adult court and the fact that you only get a bench trial, which means you try in front of a judge, you don’t get a jury trial.
Jessica Ambuehl: Do you feel a greater sense of responsibility when they don’t have parental support with them?
Matt Brown: It can be. I don’t know if it’s a greater sense of responsibility, but it’s almost, if you have a juvenile client who doesn’t have that family support, you also get that added sense of making sure they understand that, “Hey, you may not have family support, but you do have support from our law firm, from our team.”
So, it’s more of an a heightened sense of making sure that they understand that you’re there for ’em, you’re there to help ’em, you’re there to provide that hope for ’em, uh, and just make sure that they don’t feel like they’re going through something by themselves and alone.
Jessica Ambuehl: What are some of the greatest struggles you guys have found working on those types of cases?
Matt Brown: I think one of the biggest struggles is just kind of how you have to handle the cases. Juvenile courts compared to adult courts can be very different. A lot of times you’ll find that there’ll tend to be more restrictions on how you can handle a juvenile case.
For example, the type of restrictions that a judge or a juvenile officer will place on your client once they get out of detention – which is what we would call adult jail – curfews, GPS monitoring, just all around access to your client can be a little bit more difficult than if you’re dealing with an adult client.
Jessica Ambuehl: Do you ever stay in contact with some of your juvenile clients as they get older?
Chris Combs: Unfortunately I’ve only had a few. It has been great to see them turn things around. So yes, I have stayed in contact with a number of juvenile clients over the years.
Jessica Ambuehl: Any of them stick out to you?
Chris Combs: Yeah, I had one young man that was sneaking out of his house and fell in with the wrong crowd. They were burglarizing businesses and breaking into cars. There was a point in time where Kias and I think Hyundais, with like a USB –
Jessica Ambuehl: Yeah, I remember that phase.
Chris Combs: Yeah. So these cars are going missing left and right.
Anyway, they tied this otherwise young, normal, affluent – and of course it doesn’t matter, all walks of life get charged with crimes. But otherwise, a very loving family, and just kind of fell in with the wrong crowd.
He struggled. He kinda had a bad attitude in the beginning. But by the end of the case – I remember his sister flew in town from college and it was kind of like a family intervention because he was really looking at some serious stuff.
We were able to keep him out of DYS custody, which is Juvenile Prison, Department of Youth Services. We were able to keep him out.
And he really turned things around. He realized school wasn’t for him. Obviously there’s no shame in a trade. I think he ended up becoming an electrician and really turned things around. So that was really nice to see.
Jessica Ambuehl: Is there a different sense of urgency when you have youth versus an adult. Youth, they’re still learning and growing, and their surroundings play a big part in who they become. Realizing that you can shape who they become as an adult.
Matt Brown: I wouldn’t call it a sense of urgency. When I think of urgency, I think of, “Do we need to get this done as quickly as possible?”
When you’re dealing with the juvenile case, it already automatically goes a little bit faster than an adult case. Simply because the law places restrictions on juvenile cases and there’s timeframe mandates that judges have to meet. Otherwise they get dinged by the Supreme Court.
So a sense of urgency that way, not necessarily. More of a sense of making sure that if our client needs that role model that they don’t have at home – maybe their parents aren’t around or it’s not the best situation.
To me, I always feel like it’s more important with my juvenile clients to make sure, “Hey, if you need a role model, if you need somebody to talk to, whether it’s about the case or about the girl at school you have a crush on,” we always make it a point to offer that to our clients. As you stated, you do still have a very good opportunity to kind of help shape those clients.
As Chris alluded to,you get to know these people, and maybe you find out, “Hey, school’s not for them,” so you let them know you don’t have to go down this avenue. There are other avenues. You can become an electrician, or if you wanna play basketball, this is what you need to do.
Oftentimes I find with my juvenile clients that they want somebody in their life to provide that guidance. For whatever reason – and it’s not every case – but for whatever reason, they just haven’t had that. And when they start to see that somebody cares, and maybe it’s their attorney, when they start to see that they finally have somebody in their life that cares about ’em and what they do and how they do things, that’s when the kind of the light bulb goes off.
That’s when things start to turn the corner and they realize, “I don’t need to hang out with the people I hang out with. I don’t need to break into cars or do drugs and that sort of thing.”
All they need is somebody to believe in them.
Jessica Ambuehl: So Matt, what is a juvenile crime?
Matt Brown: A juvenile crime is essentially any crime committed by a person 18 years or younger.
There are two different categories of juvenile crimes: juvenile delinquency, and then there’s also a separate category of status crimes.
When you think in terms of juvenile delinquency, that’s a crime. Any adult crime, violent crimes, drug crimes, property crimes.
But then there’s also what’s termed as status offenses. Status offenses are things like truancy, minor in possession of alcohol, minor alcohol cases, not making good grades at school, things like that.
Jessica Ambuehl: What are the most common juvenile crimes that you guys see?
Chris Combs: We see a wide array of them. I would say that probably the most common are drugs and alcohol – something related to drugs and alcohol – and property crimes. Again, we see a wide array of crimes, but those are the most common.
Jessica Ambuehl: And are property crimes typically personal or are they business related?
Chris Combs: I would say by property crimes like stolen cars, joy riding, breaking into cars, things like that.
Now of course you will see violent crime as well. All across the spectrum. But by property crimes, I mean like car break-ins, perhaps burglarizing businesses, or breaking into homes when no one’s there and things like that.
Jessica Ambuehl: What is the purpose of a juvenile court?
Chris Combs: The purpose of a juvenile court is really to rehabilitate. Typically they’re not out there to punish.
First off, there’s two types of ways a juvenile case can go.
There’s [an] informal adjustment where they try to work it out without formally going through the court process. And then there’s the formal court process. The juvenile court is really to try to rehabilitate and get the juvenile back on track.
Now for the more serious offenses, you can be certified as an adult. You can find yourself as a juvenile looking at the same thing as if you were an adult. Being in associate and then circuit court.
But the general purpose behind juvenile is to try to help the juvenile.
Jessica Ambuehl: So how would you characterize someone who’s considered a juvenile delinquent? What does that actually mean?
Matt Brown: A juvenile delinquent – it’s just a term that refers to essentially the type of charge that you’re being charged with.
So a juvenile delinquent is somebody that is charged with what in the adult world would be a crime. Such as class A felonies, murders, robbery, rapes, drug charges, property damage cases.
It’s just another term for what we would call an adult crime. In juvenile court you’re considered a juvenile delinquent.
Jessica Ambuehl: And to what age is an individual actually considered a juvenile?
Chris Combs: That’s a very good question because that recently changed within the last handful of years. My whole life growing up, you were considered an adult in the state of Missouri at age 17. But within the last handful of years, it is now back to 18.
As I alluded to earlier, [for] more serious crimes, there’s a certification process where you can be certified as an adult, be looking at the same range of punishment, and go through these exact same court procedures as if you were charged as an adult.
But, for the purposes of a short answer to your question, at 18.
Jessica Ambuehl: So if it’s two days before your 18th birthday, you still qualify as a juvenile.
Chris Combs: Yes, ma’am.
Jessica Ambuehl: So tell me, what types of crimes can juveniles actually be arrested for?
Matt Brown: Juveniles can be arrested for any crime that you have seen an adult arrested for.
Now, in terms of an arrest, juveniles won’t go to adult jail. They have special jails, or what they call, “detention centers,” for juveniles. Juveniles aren’t housed for obvious reasons with adults that are being housed in a county jail or a prison or something like that.
But any crime that a juvenile commences, they can be arrested for. That can range from murder, sex crimes, property damage, drug cases, minor in possession, any type of crimes that an adult could be arrested for, [a] juvenile could be arrested for the same thing.
Jessica Ambuehl: So what is the juvenile justice system?
Chris Combs: So the juvenile justice system is a separate court to deal with minors under the age of 18.
It is set up much differently than adult court. It is typically, for most crimes, used to rehabilitate the juvenile.
Obviously for more serious crimes, you can be certified as an adult. And there’s a whole process in that. There’s also a lot of resources and things of that nature, catered to a juvenile.
So the juvenile justice system is completely different and catered to moreso rehabilitation than pun being purely punitive.
Jessica Ambuehl: So what is the Juvenile Justice and Delinquency Prevention Act?
Matt Brown: The Juvenile Justice and Delinquency Prevention Act was an act passed back in the late 70s. Essentially, the federal government that provides aid and assistance to state juvenile justice systems to help with the juvenile justice system.
They provide grants and aids so the states can have programs to help rehabilitate juveniles. It also sets standards and guidelines that the state juvenile justice systems need to follow. It tracks convictions, it tracks race, education level, things like that.
But for the most part, the main purpose of it is to provide assistance in funding, to help rehabilitate the juveniles and to make sure that states have adequate resources in place to help rehabilitate juveniles.
Jessica Ambuehl: How is juvenile court different than other courts that you guys are in?
Chris Combs: Juvenile courts are much different than adult courts, and other courts that we’re in, for many reasons.
They like to see family involvement, that is very important, and not everyone has that. There [is] more strict supervision when someone is released. GPS, curfews. You’re assigned a DJO, a Deputy Juvenile Officer, that can check up on you in school, call your employer, sets guidelines of what you need to do.
That’s the short answer.
Jessica Ambuehl: So can you tell me if a juvenile case can turn into an adult case?
Matt Brown: Oh, absolutely.
In the juvenile process, any case can be certified into adult court. That means the juvenile officer would have to file a petition requesting that the juvenile court basically certify that juvenile to stand trial as an adult.
That would then essentially remove the case from juvenile court, and now you’re being tried as an adult, you’re in adult court. Most serious crimes are delinquency acts by a juvenile. They can get certified. They don’t have to; there’s no mandatory crimes that say, “Okay, this particular crime, you have to be certified as an adult.”
There is statute and law that says there’re certain violent crimes that you have to have a status hearing on or certification hearing on. The court is not mandated to do that.
Oftentimes the more violent crimes that you see, or the more harsh the penalties. Also the juvenile’s background. Has he been involved in the system a while? Those are all things that the court takes in consideration when certifying a case.
So in order to get a case from juvenile court to adult court, you would have to go through that certification process.
Jessica Ambuehl: So what is the difference between tried as a juvenile and tried as an adult?
Chris Combs: Well, many things.
First and foremost, if you’re tried as a juvenile, you don’t have a right to a jury trial. It’s a bench trial, which means a judge is the fact decider, so that’s who will be rendering the verdict. Whereas in adult court, you have your option of a bench, meaning a judge-tried case, or a jury-tried case.
The range of punishment in juvenile court is far less than adult court. You’re typically looking at DYS commitment until the age of 18, 21 for really serious offenses. Whereas if you find yourself in adult court, you can be looking at life in prison.
Jessica Ambuehl: So let’s talk about the leading causes of youth getting involved in juvenile crime.
Matt Brown: I think it certainly varies by the area, where you live and where you’re from.
Oftentimes I have found that that juveniles that I’ve represented, maybe don’t have a positive role model. They hang out with the wrong people, bad peer influence, just don’t have somebody to look up to to provide that type of guidance.
And that’s certainly not the case in every single situation. I just think oftentimes, juveniles are missing that kind of guiding hand. They just start off down the wrong path, they get involved with people who are doing the same things, and it just kind of snowballs from there.
Jessica Ambuehl: Have you found that your work with them helps them see that some of those choices led to where they are?
Matt Brown: I hope so. One thing that I always pride myself on and that we pride ourselves on at Combs Waterkotte is – I tell all my clients, “I hope you never have to call me again.”
What I mean by that is I hope I provided you not only with the outcome that you want, but the tools and the resources and the knowledge to not have to continue to go down that path. [We] hopefully provided that guidance to make you want to turn the corner, stop going down the path that you’re on, and give you that hope that you realize, “Hey, I don’t have to continue to do this. I can aspire to be something else. I don’t have to do what everybody else is doing.”
Jessica Ambuehl: Who’s actually responsible for paying for the juvenile offender’s court fees?
Chris Combs: No one’s responsible, of course. Obviously, if they’re indigent then they’re provided a court appointed attorney.
Oftentimes, at Combs Waterkotte, we’re hired by mom, dad, aunt, uncle, grandma. So typically a family member is who’s hiring us.
Jessica Ambuehl: Have you found that youths actually face any risks at detention facilities?
Matt Brown: I think that just kind of depends. Whether we’re talking about a youth detention facility or an adult prison, I think it’s pretty common knowledge that all those types of facilities are severely understaffed and the staff is underpaid.
Anytime someone is locked up or detained with someone else who has committed crimes, you never know about somebody’s history, what they’re capable of.
In my opinion and with my experiences in being in these facilities and seeing these facilities, anybody that’s detained for a long period of time is at risk of being either perpetrated on by another offender, or being the victim of another crime while you’re in these types of facilities.
Jessica Ambuehl: Do you ever get to help in those situations if you’re already representing them?
Matt Brown: We’ve certainly taken cases where somebody’s been charged with committing a crime while inside one of these facilities. If it’s our client that may have been a victim, we certainly try to do everything that we can as far as making phone calls, filing motions, getting in front of a judge to maybe try to get this person transferred to another facility.
It’s very situation specific, because it can also be difficult to get someone transferred to a different facility, especially a juvenile facility because there’s there’s just not very many places in the state of Missouri where a juvenile can go.
Jessica Ambuehl: So Matt, what exactly is juvenile justice?
Matt Brown: When I think of juvenile justice, I think of the ability to rehabilitate a client that we have, which can be greatly different from an adult client, adult courts. Oftentimes they’re focused more on punishment. “How long is this person gonna stay in jail? Or how long is this person going to prison? How long is this person gonna be on probation?”
In terms of juvenile justice and the juvenile justice system, it tends to focus more on reform and rehabilitation. There’s more programs available. Whether it be something [as simple] as afterschool tutoring to help somebody improve their grades, counseling, therapy.
So juvenile justice, it’s more reform and more rehabilitation focused than the adult counterpart.
Jessica Ambuehl: So a juvenile is the same thing as a minor. Under the age of 18, right?
Chris Combs: Yes, you’re correct in stating that. A juvenile and minor are one of the same, anyone 18 or or younger.
Again, that is new. My whole life growing up, you were an adult at 17 in the state of Missouri, but it is now reverted back to 18. Anyone below the age of 18 is both considered a minor and a juvenile.
Jessica Ambuehl: So Matt, what is considered a juvenile?
Matt Brown: A juvenile in the state of Missouri is anyone the age of 18 years old or younger.
That has recently changed in the past couple years. For the longest time you were considered a juvenile at the age of 17. In the past couple years the state law has changed to where now anyone 18 years of age or younger is considered a juvenile.
Jessica Ambuehl: So Chris, what are the upper and lower ages of delinquency and status offense jurisdiction?
Chris Combs: The lower age, I would say maybe 10, 12 years old. You’ll see all the way up to the age of 18. After 18, of course, you are an adult.
As far as status offense jurisdiction, juvenile cases are handled in one of two ways. An informal adjustment where you go meet with the DJO, Deputy Juvenile Officer and they will essentially say, “Here’s what I want you to do,”or “We’re gonna make a formal referral to the court.”
I’ve had situations where people have said, “That’s overly burdensome and we don’t think that the punishment fits the crime or that our child is good for this.” We’ve rejected those. And then they filed the petitions with the court and the court’s rejected them.
More often than not, you do try to work it out informally. Then the other jurisdiction would be, of course, your informal juvenile court.
Jessica Ambuehl: What’s the youngest client that you’ve ever helped?
Chris Combs: I would say 13. 13 or 14.
Jessica Ambuehl: And was that hard to start with someone so young?
Chris Combs: It is. It is tough.
You see someone that young already engaging in criminal activity and, as we talked about earlier, it’s not always, but it’s typically because of lack of a role model or family support.
So oftentimes these kids are on their own. I really try to relate to them and let them know, “Look, when I was your age I was getting into some trouble. This doesn’t have to define you.”
It’s difficult, but it’s also very rewarding if you can level with them and explain, “Look, I’m not the big scary lawyer. I’m here to be your friend. I’m here to help you. You don’t have to go down this path. You’re still young. You can really turn it around.”
Jessica Ambuehl: Did juvenile courts lose jurisdiction over youth after they turn 18?
Matt Brown: Actually, no. A juvenile court can retain jurisdiction over a juvenile delinquent until they’re 21 years old. That is a common misconception. Most people think “Hey, if I’m 18 years old, then the court automatically loses jurisdiction,” and that’s not the case at all.
When you’re talking about some more of the severe cases, violent crimes, you can stay in the DYS, Division of Youth Services, up until you’re 21 years old. The court retains jurisdiction up until that time.
Jessica Ambuehl: Do you move into an adult prison if you’re continuing your service?
Matt Brown: Most of the time, no, because typically when you’re in DYS, you’re also part of a specific program that is tailored at DYS to specific offenses and to juveniles.
So you’ll probably stay in a DYS facility. Oftentimes you continue to stay in that facility because you haven’t completed the requirements to get out. So that’s typically why you’re there anyway.
Jessica Ambuehl: And I would think consistency is a good thing. Oftentimes clients at that age don’t have that within their life anyways.
Matt Brown: That is correct, absolutely. Being consistent and showing consistency to these people is something that they typically have not had growing up.
Again, it’s providing the resources to them so they understand, “I don’t have to continue down this path. This doesn’t have to define me.”
Unfortunately there’s just so many situations where the resources haven’t been available to a juvenile, whether it be their parents aren’t around, or it’s a single parent situation.
Maybe mom works all the time and they’re just missing that ray of hope. They’re just missing that person that can put their arm around them and say, “Hey, look man. You’re really screwing up here. You need to turn your life around. You really need to turn the corner.”
I find out so much with my juvenile clients that that’s really all they want. You’re not yelling at them. You’re providing that hope to them. It’s somebody taking an interest in what they’re doing and telling them, “Hey man, I see you and this doesn’t have to be you.”
Jessica Ambuehl: I feel like Combs Watterkoote has a new tagline, “A Ray of Hope.”
So what types of violations constitute a status offense in each state?
Matt Brown: First of all, I’m only licensed to practice in the state of Missouri, so I can only talk about what kind of status offenses are here in Missouri. Each state could be different in how they classify status offenses.
Here in Missouri, status offenses typically refer to truancy, excessive absences from school, minor alcohol crimes, minor in possession, minor drug crimes, although typically drug crimes are gonna be classified as delinquency.
The most common status offense that you’re gonna find is the truancy or the excessive absences from school.
Jessica Ambuehl: And what is truancy if someone’s watching and they don’t know what that means?
Matt Brown: Truancy is the excessive unexcused absences from school.
Typically, if you have a kid that’s not showing up to school, has a lot of absences and those absences aren’t excused or justified, usually at about 15 days missed of school, the particular school district can then refer them to the juvenile office for what’s called truancy.
Then the juvenile office will then begin to investigate, “Okay, why? Why is this juvenile not showing up to school? Is he actually sick? If so, can we get some kind of doctor’s or medical note, medical authorization for him to miss school? Or is he simply not showing up to school?”
Jessica Ambuehl: And just playing video games.
Matt Brown: And just playing video games.
Jessica Ambuehl: Chris, does the same court handle delinquency cases and [status] offense cases?
Chris Combs: So status offense cases are typically handled in the informal adjustment process.That’s where a DJO, Deputy Juvenile Officer, will get involved, and family. They just have an open discussion of what we can do to help this juvenile, whether it be therapy, psych evaluation, looking at what kind of medicine they may or may not need, extra help at school.
It can be a variety of things. And then the delinquent offenses are your more serious offenses that are going to wind up in juvenile court actually facing the charge and going through the formal court process.
Jessica Ambuehl: So gentlemen, let’s say the police contact my child at school, are they obligated to speak with them?
Chris Combs: Absolutely not.
It doesn’t always happen this way, of course. But first and foremost, the legal guardian or parent should be called. And if not, an attorney. There is zero obligation for a student to speak to law enforcement.
Like I said, the legal guardian or parent should absolutely be notified before taking any type of statement from a juvenile.
Jessica Ambuehl: And is that the case anywhere that a child is or only at school?
Chris Combs: That’s the case anywhere from what I’ve seen. Matt?
Matt Brown: From our perspective, our legal advice would be whether your kid is in a school setting or out in public, if they’re approached by a police officer who’s investigating a crime and wants to talk to that juvenile, absolutely 100% you need to call an attorney and have an attorney present with your child during that questioning.
Under no circumstances would I have my minor child talk to a police officer, one without an adult present, a parent or legal guardian, and certainly without an attorney present.
Jessica Ambuehl: And again, a minor means anyone under the age of 18.
Matt Brown: That is correct.
Jessica Ambuehl: So Matt, if a juvenile is charged with a crime is that record made public?
Matt Brown: No, absolutely not. Part of being in the juvenile system is that your records are kept under seal. They are non-public records.
In Missouri we have what’s called Missouri CaseNet, where, in the adult system you can type in somebody’s name and research them to find out if they have any criminal cases.
You’ll never find a juvenile case on Missouri CaseNet. Furthermore, you cannot go to the courthouse requesting information about a juvenile case. That will never be provided to you.
Another difference between juvenile and adult court is juvenile courts are closed courts. Meaning, anyone off the street cannot just walk into a juvenile court and sit there and see what’s going on. Whereas [in] adult courts it’s all open to the public, so anybody can walk into an adult court and sit down and see what’s going on for the day.
But, juvenile records from start to finish are always closed records. Then they end up being sealed once the case is over.
Jessica Ambuehl: So even if someone finds themself in court as an adult, their juvenile record will not come into play?
Matt Brown: That is correct. A juvenile record cannot be, and typically is not, used against you in adult court.
In adult court there’s what we call enhancements. So if you’ve been charged and convicted of multiple crimes or multiple felonies in the past, in adult court, they can use those to enhance the punishment on the particular current crime that you’re in. They cannot use your juvenile record to try to enhance the punishment in adult court.
Jessica Ambuehl: Is it the same when they receive a summons?
Matt Brown: Typically, a juvenile delinquent doesn’t receive a summons. A summons is typically a subpoena to appear in court.
In adult court, there’s two ways you essentially get notified that you’ve been charged with a crime.
One is via summons where they either mail you a piece of paper that says, “Hey, you need to show up to court on this particular day,” or the sheriff’s department will serve you with a piece of paper. Or you get issued a warrant and then you get arrested and put in jail.
In juvenile court, that’s a bit different. Typically it’ll start out with the Deputy Juvenile Officer. They’ll send you some kind of letter. It’ll start out as possibly an informal adjustment conference. That’s how you’re notified of what’s going on, that your son or daughter’s been involved in some kind of delinquency. You typically get notified through the DJO, the Deputy Juvenile Officer.
It’s different in that an arrest warrant won’t be issued for you like they do in adult court.
Jessica Ambuehl: So are there age restrictions for my child to actually qualify for juvenile court protection?
Matt Brown: Anybody 18 years of age or younger that has been charged with a crime can be in the juvenile system.
Most of the time, if they’re 18 or younger, it’ll potentially start out in juvenile court. There are certain situations where it could be certified to adult court.
But typically, most [commonly] if they’re 18 years or younger, their case most often will start out in juvenile court.
Jessica Ambuehl: So heaven forbid, if my child’s arrested, would they actually go to jail?
Chris Combs: It is a possibility, of course, depending on the seriousness of the crime or if they have prior referrals to the Deputy Juvenile Office.
But they don’t go to adult jail. They’re not mixed and with adults for obvious reasons. They’re typically in a detention center, commonly referred to as DYS, Division of Youth Services, where they can still do their homework and school, and [there are] a lot more resources and things of that nature.
But absolutely a juvenile that’s arrested can be detained.
Jessica Ambuehl: And what does that facility kinda look like? Is it a big building with lots of bedrooms? Is it a community space?
Chris Combs: It’s large. It looks like a jail. There is a lot more freedom with walking around and things of that nature, but you have to gain that freedom.
I always tell juvenile clients, “Attitude is everything. You cannot go in there with a bad attitude. You’ll have the worst experience. But if you’re polite, respectful, have a good attitude, you can get through it.”
Jessica Ambuehl: Those are good things to learn as they become adults too, because that’ll carry them through life in all aspects.
Chris Combs: Sure, yeah, attitudes everything.
Jessica Ambuehl: It’s a great lesson to learn even through one of the hardest moments of their lives.
So let’s say a child is arrested and convicted. What happens with their record?
Matt Brown: So the terminology is a little bit different. A juvenile’s never convicted, they’re adjudicated. It means the same thing, but one of the ways the juvenile court does differ is the language they use.
A juvenile that’s been adjudicated, obviously there’s different options. They could go to DYS. It could be probation. Throughout the course of their case, throughout the entire process, the record is always a closed record and it’s a sealed record.
Once that individual is done and completed whatever their punishment might be, the record is closed and sealed at that time. At the age of 21 they have now outgrown the juvenile system, so their record is closed and sealed at that time as well.
Jessica Ambuehl: So Chris, if my child’s arrested, how does that affect their education?
Chris Combs: Well, each school is different of course. You can be expelled, suspended. I’ve seen that happen. I’ve had families have to move to get into a different jurisdiction, to go to a different school because of an expulsion. Things like that.
Doesn’t always happen. Obviously, the severity of the offense. But you can be disciplined by the Deputy Juvenile Officer and the juvenile justice system and disciplined by the school. So, yes.
Jessica Ambuehl: If a family moves to another community because of the arrest, would that new school know what had happened?
Chris Combs: It’s possible. Not always. But an expulsion from a school typically makes it on your permanent academic record. It’s not an “always” situation, but I would say more often than not the school is probably going to be aware.
Jessica Ambuehl: So ironically, your criminal record will be sealed at some point, but if you get expelled or worse from school, that actually will carry on through maybe even college.
Chris Combs: It’s possible. I remember applying to college and asked, “Have you ever been suspended, expelled?” Things of that nature.
Lucky for me, it was always after school detention, no expulsions or suspensions. So I didn’t have to.
Jessica Ambuehl: So some personal experience you’re talking about?
Chris Combs: Yes, yes. So I didn’t have to report anything. It will and can follow you around.
Now, it also depends on the proximity of where you’re moving if that school becomes aware. But a lot of times it does become a part of your permanent academic record and it will follow you around.
Jessica Ambuehl: Thank you so much, gentlemen, for your time. I know I learned a lot. I’m sure our viewers have learned an immense amount of information that could help them, their family, their friends.
If you wanna learn more, check back here, or at combswaterkotte.com, or you can contact them directly at (314) 900-HELP.
We’ll see you next time.
If you need Missouri’s leading criminal defense and juvenile crimes law firm to protect the rights and futures of yourself or someone you love, call us today at (314) 900-HELP or contact us online for a free case review.
