Can a person 18 or older ever be in juvenile court?

Answer Guy:

Yes, in two situations:

*If a child is under the court’s jurisdiction when they turn 18, the child may remain subject to the juvenile justice system until age 21.
*If the alleged act was committed before a person’s 18th birthday, the person may be tried in juvenile court even though the person is now older.
(Information from Guidebook for Youth and Parents – Prepared by SD Voices for Children – Susan M. Randall, Ph.D., Editor - Third Edition – 2005 – p. 2)

Who is a juvenile?

Answer Guy:

A person under the age of 18 is considered a CHILD under the law and is therefore subject to the juvenile justice system. Children in certain circumstances, however, are transferred to adult court. These circumstances will be explained further in another question. (Information from Guidebook for Youth and Parents – Prepared by SD Voices for Children – Susan M. Randall, Ph.D., Editor - Third Edition – 2005 – p. 2)

What if I am not drinking, but I am in a motor vehicle that contains alcohol?

Answer Guy:

Even if you are not drinking but you are in a motor vehicle that contains alcohol, everyone in the vehicle under 21 is guilty of the crime commonly called “minor in possession.” Not only do you face a possible 30-day jail sentence, a $200.00 fine, or both, but also your driver’s license may be suspended for 90 days. For any second or subsequent offenses, your driver’s license may be suspended for a period of one year or until your 17^th birthday; whichever is a longer period of time.

What is the legal drinking age and is it the same in other states?

Answer Guy:

You must be 21 years old to buy, consume, or possess any form of an alcoholic beverage. If you are over 18 but less than 21 and you purchase, attempt to purchase, possess, or consume alcoholic beverages (except when consumed in a religious ceremony), the maximum sentence is 30 days in jail, a $200.00 fine, or both.

A person under twenty-one may legally drink alcohol only while in a parent’s or guardian’s home and then only if done with the permission of the parent or guardian. Each state has its own laws regarding legal drinking age. While most states now set that age at twenty-one there are still some differences among the states.