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Juvenile Law and Procedures Flashcards

7 cards from real NC BLET practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. In North Carolina, what is the age range for a "delinquent juvenile"?

    Answer: At least 8 and less than 18 years of age.

    North Carolina's "Raise the Age" legislation, effective December 1, 2019, changed the definition of a delinquent juvenile. A delinquent juvenile is now defined as a person who is at least 8 years old and less than 18 years old who commits a crime or infraction under state law or local ordinance.

  2. When may a law enforcement officer take a juvenile into temporary custody without a court order?

    Answer: When the officer has probable cause to believe the juvenile has committed a crime for which an adult could be arrested.

    An officer can take a juvenile into temporary custody without a court order if they have probable cause to believe the juvenile has committed a criminal offense for which an adult could be arrested. Other grounds exist, such as if the juvenile is in immediate danger, but this is a primary basis for law enforcement action.

  3. Before a custodial interrogation of a juvenile under 18, what specific right must be explained in addition to the standard Miranda rights?

    Answer: The right to remain silent until a parent, guardian, or custodian is present.

    North Carolina General Statute § 7B-2101 requires that before any custodial interrogation, a juvenile must be advised of their Miranda rights and also the specific right to have a parent, guardian, custodian, or attorney present during questioning. The juvenile's waiver of this right must be knowing, willing, and understanding.

  4. A nontestimonial identification order (e.g., for fingerprints or photos) can be issued for a juvenile alleged to have committed what type of offense?

    Answer: A felony or a Class A1 or Class 1 misdemeanor.

    A nontestimonial identification order for a juvenile can be sought when there is probable cause to believe the juvenile committed a felony, a Class A1 misdemeanor, or a Class 1 misdemeanor. This procedure allows law enforcement to obtain evidence like fingerprints, blood samples, or photographs under judicial supervision.

  5. A juvenile taken into temporary custody for a status offense, such as truancy or running away, must be placed in:

    Answer: A nonsecure custody facility.

    Juveniles who have committed status offenses (acts that are only illegal because of their age) are considered undisciplined, not delinquent. They cannot be held in secure custody facilities (juvenile detention centers) and must be placed in a nonsecure setting, such as a licensed shelter or with a relative.

  6. Once a juvenile petition is filed, which court generally has exclusive, original jurisdiction over any case involving a juvenile alleged to be delinquent?

    Answer: District Court

    The District Court division of the General Court of Justice has exclusive, original jurisdiction over all juvenile matters in North Carolina. This includes cases of delinquency, abuse, neglect, and dependency.

  7. A case involving a 13-year-old juvenile alleged to have committed a Class A felony, such as murder, will be:

    Answer: Automatically transferred to Superior Court for trial as an adult.

    North Carolina law mandates the transfer of jurisdiction to Superior Court for any juvenile who is 13 years of age or older and is alleged to have committed a Class A felony. This means the case will be handled in the adult criminal justice system.