Procedure in Juvenile Homicide Cases

How does a case proceed when a juvenile is charged with a homicide offense? In classic lawyer fashion, the answer is that it depends. In almost all instances, the case will begin as a juvenile matter. However, the path the case follows once the juvenile case begins, and whether the case is ultimately adjudicated as a juvenile matter or prosecuted as a criminal matter, depends on the age of the juvenile at the time of the offense and the specific offense charged. Nearly all Cases Begin as Juvenile Matters The general rule in North Carolina since implementation of the Juvenile Justice Reinvestment Act in 2019 is that all offenses committed under age 18 are under original juvenile jurisdiction. Therefore, in general, most homicide offenses alleged to have been committed under the age of 18 begin as juvenile matters. There are two exceptions to this general rule. Any case in which a youth is charged with death by vehicle (felony or misdemeanor) at age 16 or 17 is a criminal matter from its inception. This is because death by vehicle is an offense contained in Chapter 20 of the General Statutes and all Chapter 20 offenses alleged to have been committed at ages 16 and 17 begin and end as criminal matters. They are never subject to juvenile jurisdiction. G.S. 7B-1501(7)b. If the juvenile has a previous criminal conviction (for any offense other than a misdemeanor, non-DWI, motor vehicle offense) and is charged with committing a new offense after that conviction occurs, [...]