Waiver of counsel, 2014
A juvenile can waive his or her right to counsel if the juvenile has consulted with or is in the presence of counsel and the court determines that the waiver is knowing and voluntary.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Maryland, an attorney for a juvenile can be appointed at the following points in the process: All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the state level
Organizer: Maryland Office of the Public Defender
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
In Maryland, indigency law is covered by both juvenile and adult statutes, which provide for a determination of indigency. The Maryland law provides several useful definitions and applies when a juvenile is being transferred to criminal court. The Public Defender makes the determination of indigency.
Courtroom shackling, 2015
No statewide restriction
In Maryland, on 6/29/16, the Court of Special Appeals In re: D.M held that “juveniles should not be shackled while appearing at juvenile court hearings, unless and until there has been a finding on the record that the juvenile poses a security concern or threat that would disrupt those particular proceedings or involve danger to the juvenile or others.”
Collateral consequences, 2014
If a juvenile has filed a pleading admitting the allegations of the juvenile petition or indicates to the court his intention not to deny those allegations, the court, before proceeding with an adjudicatory hearing, must advise the juvenile of the nature and possible consequence of his action or intended action. The court must neither encourage nor discourage the juvenile with respect to his action or intended action, but must ascertain to its satisfaction that the juvenile understands the nature and possible consequences of failing to deny the allegations of the juvenile petition, and that he takes that action knowingly and voluntarily. These proceedings must take place in open court and must be on the record.
Sex offender registration, 2015
In Maryland, the legal basis for juvenile competency is found in the juvenile code (of statutes), which aligns with the Dusky standard. Within 25 days of intake, all juveniles are screened for whether a comprehensive mental health and substance abuse evaluation should be conducted. Competency hearings may be held regarding youth ability to participate in various proceedings including adjudicatory, waiver (transfer), disposition, and violation of probation hearings. Procedural criteria for evaluators, evaluation reports, timelines, treatment conditions, and dismissal are also statutory.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity