Criminal Defense Lawyer Blog
Over the last several years Maryland lawmakers have prioritized reforming the juvenile justice system and we are likely to see another push to reform in the 2026 session. Juvenile justice became a major hot button issue in Maryland post-Covid, as lawmakers have scrambled to address frequent news headlines ranging from dangerous juvenile detention practices to serious crimes alleged to have been committed by children as young as 10 years old. In 2021 lawmakers banned life without parole for minors and opened up the possibility of sentence reductions in cases where defendants have served more than 20 years. In 2022 lawmakers passed the Juvenile Justice Reform Act, which prohibited the State from prosecuting children under the age of 13 unless it was for a violent felony. Lawmakers also stripped police of their ability to interrogate a child without a lawyer present regardless of a voluntary Miranda waiver.
The Juvenile Justice Reform Act was a short-lived victory as juvenile crime spiked to historic levels in Maryland. In 2023 it seemed there were weekly news stories about 10–12-year-olds committing thefts and other misdemeanors that the police could not charge. In one instance a child was accused of a dozen motor vehicle thefts but could not be prosecuted and brought to court. As a result, lawmakers had no choice but to walk back the reforms and allow for prosecutions of children 10 and over by passing the 2024 Juvenile Law Reform Act.
In 2026 we may see the pendulum shift yet again toward limiting the powers of police and prosecutors. This time a state senator from Montgomery County is pushing to end mandatory adult criminal court original jurisdiction for certain offenses committed by 16- and 17-year-old defendants. Under current Maryland law a 16- and 17-year-old minors charged with gun crimes such as possession of a firearm by a minor and violent offenses such as armed robbery, first-degree assault and felony sex offenses must be charged as adults. These juveniles are often held in custody unless granted release by a District or Circuit Court Judge at a bail review or habeas corpus hearing and face a long drawn out process to obtain a reverse waiver transfer to juvenile court. In some jurisdictions these transfer proceedings can take close to 6 months. Some 85% of these cases are eventually transferred or dismissed, many times after the youth has been incarcerated for several months, which has sparked debate about fundamental fairness and judicial economy.
Last year some lawmakers attempted to push legislation that would have given the juvenile courts original jurisdiction over 16-year-olds accused of gun crimes, assault in the first degree and certain sex offenses, but his bill did not make it far. There was also an attempt to raise the age where a child can be prosecuted as an adult from 14 to 16 that suffered the same fate. If the law on original jurisdiction were to change the State could still petition to transfer cases to adult court, though the burden would be on the prosecution and not the defense. The real sticking point for law enforcement advocates is what would happen immediately upon arrest, as those charged as juveniles are more likely to be released pre-trial than those charged in adult court.
The Blog will continue to follow all things juvenile justice as we are less than two months away from the opening bell of the 2026 legislative session. If your child has been charged with a crime contact Maryland juvenile criminal defense lawyer Benjamin Herbst anytime for a free consultation at 410-207-2598. Benjamin specializes in firearm offenses, assault, robbery and motor vehicle theft and has extensive experience and success at juvenile transfer motions, detention hearings and bail reviews. He is available 7 days a week to answer and questions you have.
Resources:
Smith to push again for bill to ban automatically charging youth as adults for some crimes, marylandmatters.org.