Understanding Juvenile Delinquency Cases in Mississippi Youth Court
When a child is charged with a crime in Mississippi, one of the most important questions is whether the case should be handled in youth court or adult court. The answer matters because the youth court system is built around rehabilitation and second chances, while adult courts focus on punishment. For families facing this situation, understanding how Mississippi law divides jurisdiction can help them know what to expect — and why having the right criminal defense attorney is so important.
What Is a Delinquency Case?
Mississippi law defines a delinquent child as any child over the age of ten who commits a delinquent act. A delinquent act includes nearly any crime that would be considered a crime if an adult committed it, except for crimes that could be punished by life in prison or the death penalty.
In most circumstances, when a child is accused of a delinquent act, the case belongs in youth court. Mississippi law gives youth court exclusive original jurisdiction over these matters, which means the case must start there and usually finish there. This is one of the strongest protections juveniles have in our criminal justice system, because youth court proceedings are private, records are often sealed, and the focus is on rehabilitation rather than punishment.
When a Case Does Not Belong in Youth Court
There are important exceptions to youth court’s exclusive jurisdiction. Crimes punishable by life imprisonment or death — such as capital murder, first-degree murder, or armed robbery — do not begin in youth court. The same is true for felonies committed with a deadly weapon, such as aggravated assault with a firearm. These cases fall under circuit court jurisdiction, and while there may be arguments for transfer back, they do not start in youth court.
Special Rule for Juvenile DUI Cases
One area where Mississippi law is very specific is juvenile DUI cases. Unlike most delinquency cases, DUI charges are handled in municipal or justice court, not youth court. Mississippi Code § 43-21-159 makes clear that traffic violations — including DUI and violations of the Implied Consent Law — remain with the regular criminal courts, even if the driver is under 18.
This means that a 16-year-old charged with DUI will not have the protections of youth court. Instead, they will face their case in municipal or justice court just like an adult. The penalties can include fines, jail time, license suspension, and a permanent criminal record. For families, this makes having a skilled DUI defense attorney even more important, because the case is public, the consequences are serious, and the opportunity for rehabilitation through youth court is not available.
Three Types of Juvenile Cases We See in Criminal Defense
In our criminal defense practice at McCormick Lawrence, PLLC, we regularly handle three types of juvenile cases.
- The first category includes cases that start and finish in youth court, such as burglary, simple assault, or drug possession by a minor. These cases remain confidential and are focused on rehabilitation, with opportunities for counseling, community service, or education instead of jail.
- The second category includes cases that start in youth court but are transferred to circuit court. This usually happens with serious felonies or repeat offenders. For example, a 17-year-old charged with armed carjacking may start in youth court but have the case transferred to adult court, where adult sentencing rules apply.
- The third category includes cases that are charged directly in municipal, justice, or circuit court — even when the law says they should be in youth court. For instance, a 16-year-old charged with leaving the scene of an accident may first appear in municipal court. In these situations, a defense lawyer can file a motion to transfer the case to youth court, where the protections are stronger.
Why the Court Matters
Whether a juvenile case is in youth court, circuit court, or municipal court makes an enormous difference. Youth court proceedings are private and sealed. Youth court focuses on treatment, education, and rehabilitation, giving children the chance to learn from mistakes without carrying a permanent record. In contrast, convictions in adult courts are permanent, public, and can impact jobs, education, and future opportunities.
For DUI cases, where youth court jurisdiction does not apply, the stakes are especially high. A teenager facing DUI in municipal or justice court needs an aggressive defense to protect their record and their ability to drive.
Conclusion
Mississippi law divides juvenile cases into different categories. Most delinquency cases belong in youth court, where the focus is on rehabilitation. The most serious crimes, such as those punishable by life imprisonment or involving deadly weapons, start in circuit court. And by law, DUI and other traffic violations are handled in municipal or justice court — even for minors.
If your child has been accused of a crime, it is critical to know which court has jurisdiction and to work with a criminal defense attorney who can protect your child’s future. At McCormick Lawrence, PLLC, we represent juveniles and their families across the Mississippi Gulf Coast, fighting to keep cases in youth court when possible and aggressively defending minors in adult courts when required.