Juvenile justice system handling of vehicle-related offenses in Oregon

The juvenile justice system in Oregon handles vehicle-related offenses with specific statutory provisions and judicial orders that distinguish between younger and older juveniles and between types of offenses.

Key points about handling vehicle-related offenses in Oregon's juvenile system:

  • Jurisdiction by Age:
    Juveniles under age 15 at the time of the offense have all traffic and non-traffic violations, including vehicle-related offenses, initiated in Juvenile Court of the Circuit Court as juvenile cases. Juveniles aged 15 and older generally have such violations initiated in adult criminal or municipal courts, subject to certain conditions and prosecutorial discretion.

  • Waiver to Adult or Municipal Court:
    Under ORS 419C.370, the juvenile court may waive cases involving violations related to the use or operation of a motor vehicle to criminal or municipal court. This means some vehicle-related offenses committed by juveniles can be transferred out of juvenile court to adult or municipal court if the municipal court agrees to accept jurisdiction.

  • Prosecutorial Discretion and Case Grouping:
    Non-traffic offenses directly related to motor vehicle use may be charged together either in adult court or juvenile court, depending on prosecutorial discretion and statutory guidelines.

  • Specialized Juvenile Traffic Courts:
    Historically, Oregon has recognized the need for specialized juvenile traffic courts, but outside Multnomah County, juvenile courts have often felt ill-equipped to handle vehicle-related offenses, leading to inconsistent prosecution practices across the state.

  • Driving Privileges Impact:
    If a juvenile commits an act that would lead to suspension or revocation of driving privileges if committed by an adult, the juvenile court's finding can serve as grounds for suspension or revocation of the youth’s driving privileges.

  • Handling of Specific Cases:
    The law provides that if a youth violates motor vehicle laws and then flees the state, the juvenile justice provisions may not apply, and extradition procedures can be used.

In summary, Oregon's juvenile justice system treats vehicle-related offenses with a nuanced approach that depends on the juvenile's age, the nature of the offense, and jurisdictional agreements. Younger juveniles are generally handled within juvenile court, while older juveniles' vehicle offenses may be waived to adult or municipal courts. The system also considers the impact on driving privileges and allows for prosecutorial discretion in charging and court venue decisions.

🔴 Immediate Actions (Today or ASAP)

  • Determine the juvenile’s exact age at the time of the offense. This is crucial because it affects which court has jurisdiction (juvenile court vs. adult/municipal court).
  • Gather all documents related to the offense. This includes police reports, citations, court notices, and any communication from the prosecutor or court.
  • If you have a court date, confirm the time, place, and type of court (juvenile or adult/municipal). Attend all scheduled hearings on time.
  • Do not discuss the case with others except your lawyer or trusted adult. Avoid making statements to police or prosecutors without legal advice.

🟡 Short-Term Steps (This Week)

  • Contact a juvenile defense attorney experienced in Oregon vehicle-related offenses. If you cannot afford one, seek legal aid or public defender services immediately.
  • Ask the attorney about the possibility of the case being waived to adult or municipal court under ORS 419C.370. Understand how this could affect the case and the juvenile’s rights.
  • Collect evidence that may support the juvenile’s case. This can include witness statements, school records, or character references.
  • Prepare for court by reviewing the charges, possible penalties, and the impact on driving privileges. The juvenile court’s findings can lead to suspension or revocation of driving privileges.
  • Keep a written record of all communications with the court, prosecutor, and any legal representatives.

🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)

  • Work with the attorney to explore diversion programs or alternative sentencing options if available. These programs can sometimes reduce penalties and help the juvenile avoid a criminal record.
  • Monitor any changes in case status, especially if the case might be transferred to adult or municipal court. Stay in close contact with your attorney.
  • Understand and prepare for the possible suspension or revocation of driving privileges. Ask the attorney about how to challenge or mitigate these penalties.
  • Attend any required counseling, education, or community service programs ordered by the court. Compliance can positively influence case outcomes.
  • Keep all court orders and documents organized for future reference.

Your Legal Rights

  • Right to Legal Representation: Juveniles have the right to an attorney. If you cannot afford one, the court must provide a public defender.
  • Right to a Fair Hearing: The juvenile court must follow procedures that protect your rights, including the right to present evidence and challenge the charges.
  • Right to Privacy: Juvenile court proceedings are generally confidential to protect the youth’s privacy.
  • Right to Be Informed: You must be told about the charges, potential penalties, and any court decisions affecting driving privileges.
  • Right to Appeal: You may have the right to appeal certain court decisions, including waivers to adult court or driving privilege suspensions.

Where to Get Help

  • Oregon State Bar Lawyer Referral Service: Call 1-800-452-7636 to find a qualified juvenile defense attorney.
  • Oregon Youth Authority (OYA): Provides resources and support for juveniles involved in the justice system. Visit oregon.gov/oya.
  • Legal Aid Services of Oregon: Offers free or low-cost legal help. Visit lasoregon.org or call 1-800-520-5292.
  • Local Juvenile Court Clerk’s Office: Can provide information about court dates and procedures.
  • Oregon Department of Transportation (ODOT): For questions about driving privilege suspensions. Visit oregon.gov/odot.
  • Emergency Resources: If the juvenile is at risk of fleeing or other immediate issues, contact local law enforcement or juvenile probation officers.
Become a member

Join legal professionals, students, and researchers working together to create a comprehensive, open-source legal encyclopedia.

Sign Up

Others Are Also Searching For..

Legal implications of a minor driving without a license or permit in Oregon

Police discretion and enforcement policies regarding unauthorized vehicle use by juveniles in Oregon

Parental rights and obligations when a minor commits vehicle-related offenses

Procedures for reporting and investigating unauthorized use of vehicles by minors in Oregon

How Oregon law defines consent in cases of vehicle use by family members

Penalties and consequences for unauthorized use of a vehicle under Oregon law

Oregon law on unauthorized use of a vehicle (ORS 164.135) and its application to minors

Oregon statutes and local ordinances related to minors and motor vehicle operation

Differences between joyriding, auto theft, and unauthorized use of a vehicle in Oregon statutes

Impact of vehicle damage occurring on private property versus public roadways in Oregon law enforcement

Interested in learning more about legal topics? Use our search engine to find what you need.

Related Articles from the Web

https://www.courts.oregon.gov/rules/Documents/UMA_PJO_20-004(002)Juven...

https://jlc.org/sites/default/files/attachments/2021-11/2021.11.4%20Am...

https://www.oregonlegislature.gov/bills_laws/lawsstatutes/1999orLaw015...

https://oregon.public.law/statutes/ors_419c.372

https://www.oregonlegislature.gov/bills_laws/ors/ors419c.html

IN THE SIXTH JUDICIAL DISTRICT OF THE STATE ...

[PDF] in the supreme court of the state of oregon - Juvenile Law Cente...

Chapter 158 Oregon Laws 1999

ORS 419C.372 – Handling of motor vehicle, boating or game cases ...

ORS 419C.200 (Court-appointed Counsel)

Top