Nashville Juvenile Defense Lawyer | Former Prosecutor Kevin Kennedy

"Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy 615-205-7311 • Call or text for a free consultation."

When a child is accused of a crime in Nashville, the case is not simply a smaller version of adult criminal court. Tennessee juvenile court has its own procedures, terminology, detention rules, diversion options, dispositional choices, confidentiality provisions, and transfer process. A juvenile case can affect school, sports, college plans, driving privileges, treatment, family life, and---when the State seeks transfer---whether the child is prosecuted as an adult.

Tennessee generally defines a juvenile as a person under eighteen who has not previously been transferred to adult court. Juvenile courts have jurisdiction over delinquency and unruly matters, and serious delinquency cases can be transferred to criminal court when statutory requirements are met.

A child accused of delinquency has important rights. Tennessee's Rules of Juvenile Practice and Procedure require the court to advise a child of the right to an attorney in proceedings where counsel is required, and a waiver of counsel must be knowing, voluntary, and confirmed in writing. When a child is detained, strict timing rules can apply to probable-cause and adjudicatory proceedings.

Nashville criminal defense lawyer Kevin Kennedy is a former prosecutor who has handled thousands of criminal cases. He represents juveniles and families facing assault, theft, robbery, burglary, gun, drug, vehicle, school-related, probation, and other delinquency allegations in Davidson County Juvenile Court, including serious cases where transfer to adult criminal court is threatened.

If your child has been arrested, cited, detained, questioned, or accused of a delinquent offense in Nashville, call or text 615-205-7311 for a free consultation.

What Is Juvenile Court in Tennessee?

Tennessee juvenile courts handle delinquency cases involving conduct that would be criminal if committed by an adult, along with other matters such as unruly behavior, dependency and neglect, custody, and related family issues.

A delinquency case focuses both on whether the child committed the alleged act and, when required, what treatment, supervision, rehabilitation, or other disposition is appropriate.

Juvenile procedure differs substantially from ordinary general sessions and criminal court.

Who Is Considered a Juvenile?

Tennessee's court system generally describes a juvenile as an individual under eighteen who has not previously been transferred to adult court.

Age at the time of the alleged offense can be critical, especially in transfer cases.

A prior transfer can also affect how later cases are handled.

What Is a Delinquent Act?

A delinquent act is generally conduct by a child that would constitute a crime if committed by an adult, subject to Tennessee's juvenile statutes.

Examples include assault, theft, burglary, robbery, drug possession, weapon offenses, vandalism, vehicle offenses, and more serious violent allegations.

The State must prove the allegations through juvenile-court procedures.

Juvenile Court Is Not Adult Criminal Court

Juvenile cases use terms such as petition, adjudication, disposition, detention, diversion, and transfer rather than simply copying adult criminal procedure.

The focus can include rehabilitation and treatment, but the consequences can still be serious.

Families should not assume that a juvenile case is informal or harmless.

The Right to a Lawyer

Tennessee Juvenile Rule 205 requires the court to inform a child of the right to an attorney in proceedings where the child is legally entitled to representation.

A waiver of counsel requires that the child be fully informed, knowingly and voluntarily waive the right, and confirm the waiver in writing.

If an eligible child cannot afford counsel and has not validly waived counsel, the court can appoint an attorney.

Parents and the Juvenile's Lawyer

Parents are usually deeply involved in a juvenile case, but the lawyer represents the child.

Parents can provide history, records, treatment information, school information, witnesses, and support.

Strategic decisions and confidentiality should be handled with the child's legal rights in mind.

Police Questioning of Juveniles

Statements by children can be especially sensitive because age, maturity, comprehension, parental involvement, custody, Miranda warnings, and voluntariness may all matter.

A child may try to please authority figures, minimize events, or agree with suggestions without understanding the legal consequences.

Body-camera, interview-room video, and complete recordings should be obtained whenever available.

Miranda and Juveniles

Miranda principles apply to custodial interrogation, but juvenile cases can raise additional concerns about whether a child truly understood and voluntarily waived rights.

The defense should examine the child's age, experience, intelligence, mental condition, questioning environment, and the exact warnings given.

A signed form does not end the voluntariness analysis.

School Interviews and School Resource Officers

Allegations often begin at school through administrators, teachers, security personnel, or school resource officers.

The constitutional analysis can depend on who conducted the questioning, whether law enforcement was involved, and the circumstances of the detention or search.

School disciplinary proceedings and juvenile court are separate but can affect each other.

School Searches

Searches of backpacks, lockers, phones, vehicles, or a student's person can raise Fourth Amendment and school-search issues.

The standard may differ depending on whether the search was conducted by school officials or law enforcement.

The defense should identify who initiated, directed, and performed the search.

Juvenile Taken Into Custody

Tennessee Juvenile Rule 203 governs procedures when a delinquent child is taken into custody.

If the child is not detainable, the rule provides for release to a parent, guardian, or custodian within a reasonable time with a summons to return to court.

If secure detention is used after custody without an order, a magistrate must make the required probable-cause determination within the rule's strict timeframe.

The 48-Hour Probable-Cause Rule

When a child alleged to be delinquent is held in secure detention after being taken into custody without an order, Rule 203 requires a magistrate's probable-cause determination within forty-eight hours.

Certain special-circumstances detention provisions have an even shorter requirement excluding nonjudicial days, but no later than forty-eight hours.

These timing protections should be checked immediately when a child remains detained.

Juvenile Detention

Detention is not supposed to function as punishment before adjudication.

The court considers statutory grounds and safety, appearance, and placement issues.

Counsel can present family supervision, school attendance, treatment, curfew, electronic monitoring, and other alternatives where appropriate.

Detention Hearings

A detention hearing can determine whether a child remains in custody while the case is pending.

Parents should bring information about residence, school, employment, transportation, treatment, supervision, and other facts supporting safe release.

Early preparation can materially affect the child's ability to return home.

Electronic Monitoring and Home Placement

Courts may consider electronic monitoring, home placement, curfews, or structured supervision as alternatives or conditions.

Families need to understand exactly what the order requires.

Technical violations can create new detention problems even when no new delinquent act is alleged.

The Juvenile Petition

A delinquency case is commonly initiated through a petition alleging the conduct attributed to the child.

The petition should be reviewed for the exact offense, date, victim, facts, and legal theory.

The defense should not rely solely on a school summary or police description when the filed allegation may differ.

Discovery

Tennessee Juvenile Rule 206 addresses discovery in delinquent proceedings.

Discovery can include reports, videos, statements, photographs, forensic testing, digital evidence, and other materials depending on the case.

The defense should seek evidence early enough to investigate before witnesses disappear or digital evidence is overwritten.

Pretrial Diversion

Tennessee Juvenile Rule 202 provides a formal pretrial-diversion process when the designated court officer determines the matter is appropriate.

The agreement must be written and approved by the court, and no admission to the petition allegation is required merely to determine whether to proceed with diversion.

The child and parent, guardian, or legal custodian must consent.

How Long Can Juvenile Pretrial Diversion Last?

Under Rule 202, juvenile pretrial diversion can continue for up to six months unless the court discharges the child sooner.

On a timely application and after notice and hearing, it can be extended for up to an additional six months.

Successful diversion can offer an important path away from adjudication in an appropriate case.

Informal Adjustment

Some lower-level matters may be addressed through informal adjustment rather than full adjudication.

Eligibility and local practice depend on the allegation and juvenile-court process.

Families should understand the conditions, duration, and record consequences before agreeing.

Judicial Diversion in Juvenile Court

Tennessee Juvenile Rule 209 addresses guilty or no-contest pleas and judicial diversion.

Before accepting a plea, the court must personally address the child and ensure the child understands the charge, possible dispositional consequences, right to counsel, and other constitutional rights.

A juvenile plea should never be treated as a casual shortcut.

Adjudicatory Hearing

An adjudicatory hearing is the juvenile-court proceeding where the court determines whether the evidence supports the alleged delinquent act and the required juvenile findings.

It functions in many ways like the guilt phase of an adult criminal case, though juvenile procedure differs.

The State carries the burden required by law.

Timing of Adjudicatory Hearings

Rule 210 provides scheduling protections.

When a child is detained or otherwise placed outside the home by court order, the adjudicatory hearing generally must be held within thirty days of the out-of-home placement, subject to a good-cause continuance to a date certain.

Other cases are also directed toward prompt scheduling when reasonably possible.

Dispositional Hearing

If the child is adjudicated delinquent, the court proceeds to disposition.

Disposition can consider the child's history, needs, family, school, treatment, offense, prior court involvement, and community safety.

Defense preparation should include mitigation rather than waiting until after adjudication to begin gathering it.

Probation

Juvenile probation can include reporting, school attendance, curfew, testing, treatment, community service, restitution, no-contact provisions, and other conditions.

The family should obtain and understand the written order.

Compliance records can be important for early release from supervision or later modification.

Probation Violations

Tennessee Juvenile Rule 212 addresses probation or home-placement supervision violations.

A technical violation can involve curfew, reporting, school, testing, treatment, or another condition rather than a new criminal allegation.

The defense should determine exactly what condition was imposed and what evidence proves the alleged violation.

Modification of Juvenile Orders

Juvenile Rule 213 provides procedures for modification or relief from judgments or orders in delinquent and unruly cases.

Changed circumstances, successful treatment, compliance, placement issues, or legal defects can sometimes justify relief.

The availability of modification depends on the particular order and procedural posture.

Juvenile Assault

Assault allegations can arise from school fights, neighborhood disputes, sports, family conflicts, or social-media confrontations.

Self-defense, mutual fighting, witness credibility, injuries, video, and who initiated the encounter can be central.

A school suspension does not establish guilt in juvenile court.

Aggravated Assault

Weapon allegations, serious bodily injury, strangulation, or other aggravating facts can make an assault case much more serious.

These cases can increase detention and transfer concerns.

The exact statutory theory and evidence should be identified immediately.

Juvenile Domestic Assault

Teen dating relationships and family conflicts can produce domestic-assault allegations.

No-contact orders, school overlap, shared activities, and family dynamics can complicate compliance.

Private reconciliation does not automatically cancel a court order.

Juvenile Theft

Theft cases can involve stores, schools, vehicles, family property, phones, electronics, or group accusations.

Intent, ownership, consent, value, and identification remain important.

Restitution can become a significant dispositional issue.

Shoplifting

Retail cases often rely on surveillance, loss-prevention witnesses, concealment, statements, and recovered merchandise.

Parents should not pressure a child to write an apology or confession before the defense reviews the evidence.

An early resolution may be possible in appropriate first-offense cases.

Burglary

Burglary allegations can involve homes, businesses, vehicles, schools, or other structures depending on the statute charged.

Video, fingerprints, DNA, phone location, codefendant statements, and intent can matter.

Group cases require individualized proof rather than guilt by association.

Robbery

Robbery is more serious than ordinary theft because it involves taking property from a person by violence or fear.

Weapon allegations can increase severity and transfer risk.

Identification, force, ownership, and participation should be examined separately for each child.

Carjacking

Carjacking allegations are serious violent felony-level conduct if committed by an adult and can create transfer exposure depending on age and circumstances.

Video, vehicle recovery, phone records, fingerprints, DNA, and witness identification are common evidence.

Parents should obtain counsel immediately rather than allowing repeated interviews.

Juvenile Gun Charges

Gun cases can involve possession, carrying at school, stolen firearms, possession during another offense, or allegations of display or use.

Ownership and possession are not always the same, particularly in vehicles or groups.

Gun cases can materially affect detention and adult-transfer analysis.

Gun Found in a Car

A gun recovered from a vehicle with several juveniles can create constructive-possession disputes.

Seat position, ownership, fingerprints, DNA, statements, accessibility, and who controlled the bag or compartment matter.

Police should not assign possession to every occupant automatically.

Stolen Gun Allegations

A juvenile found with a firearm reported stolen may face questions about theft, possession, knowledge, and the source of the gun.

Later possession does not automatically prove the child committed the original theft.

Messages, seller identity, witnesses, and acquisition history can be critical.

Juvenile Drug Possession

Drug allegations can involve marijuana, pills, fentanyl, methamphetamine, cocaine, or other substances.

School searches, vehicle searches, constructive possession, laboratory testing, and ownership of bags or containers can matter.

Treatment needs can also affect disposition without replacing a legal defense.

Possession With Intent

Quantity, packaging, cash, messages, scales, admissions, and other circumstances may be used to allege intent to sell or deliver.

Possession with intent is not established merely because more than one dose or package exists.

Phone searches and digital warrants should be scrutinized.

Marijuana and THC Products

Tennessee's marijuana and hemp laws differ from those of many states and have changed in recent years.

Juveniles may not understand the legal status of products purchased online or at retail stores.

Product testing and the exact substance can matter.

Fentanyl Cases

Fentanyl allegations are especially serious because of overdose risk and Tennessee's drug laws.

Lab testing, actual possession, constructive possession, and alleged distribution should be analyzed carefully.

Statements by other juveniles may be unreliable when each person is trying to avoid responsibility.

Vandalism

Vandalism can involve school property, vehicles, homes, graffiti, or group incidents.

Damage valuation can affect the seriousness of the allegation.

Video, social media, restitution estimates, and proof of individual participation matter.

Vehicle Theft and Joyriding

A child accused of taking or using a vehicle may face theft or joyriding-related allegations depending on intent and facts.

Consent from a family member, duration of use, statements, keys, and whether the child intended to deprive the owner can matter.

Vehicle cases can also involve fleeing, crashes, or other charges.

Evading Arrest

Running from police or allegedly fleeing in a vehicle can create separate delinquency allegations.

The State must prove the elements of the specific evading offense.

Body camera, dash camera, identity, commands, and whether the child knew police were attempting an arrest or detention can matter.

Resisting Arrest

A juvenile can face resisting allegations after a physical arrest even when the underlying accusation is disputed.

Video can show what commands were given, what force officers used, and what the child actually did.

The resisting charge should be evaluated separately from the original offense.

School Threats

Statements made at school, in group chats, on social media, or as jokes can trigger serious investigations.

Context, intent, audience, exact wording, screenshots, and whether an account actually belonged to the child can be critical.

Threat cases can also lead to immediate school discipline before juvenile court is resolved.

Social Media Evidence

Police and schools frequently use Snapchat, Instagram, TikTok, texts, group chats, photographs, and videos as evidence.

Screenshots can omit context or misidentify the speaker.

Preserve complete conversations rather than deleting embarrassing material.

Phone Searches

Phones can contain messages, photographs, location history, searches, and social-media evidence.

Law enforcement generally needs lawful authority to search digital contents.

The defense should examine consent, warrants, scope, and whether parents or others had authority over the device.

Searches of Bedrooms and Homes

Juvenile cases may involve searches of a child's room or family home.

Consent, warrants, ownership, parental authority, and scope can become important.

Parents should understand that voluntarily turning over devices or property can have evidentiary consequences.

Codefendants and Group Cases

Group allegations are common in juvenile court.

One child may blame another, minimize personal conduct, or negotiate separately.

The defense should insist on individualized evidence of participation and intent.

Accomplice Liability

A child does not have to personally perform every act to face allegations based on criminal responsibility for another person's conduct.

However, mere presence or association is not automatically enough.

Messages, planning, encouragement, actions during the event, and conduct afterward may be used to prove participation.

Self-Defense

Juveniles have the right to assert self-defense when Tennessee law supports it.

School discipline policies do not necessarily define the criminal-law question.

Video, prior threats, size differences, injuries, witness accounts, and the sequence of force should be preserved.

False Accusations

Teen relationships, school conflicts, social-media disputes, and peer pressure can produce inaccurate accusations.

The defense should compare initial statements with later versions and objective evidence.

Parents should avoid directly confronting the accusing child or family.

Competency

Juvenile Rule 207 requires proceedings to be stayed when reasonable grounds exist to believe the child may be incompetent to proceed.

The court can order evaluation by qualified mental-health professionals with expertise in child development and forensic evaluation.

Competency is distinct from whether the child committed the alleged act.

Mental Health and Development

ADHD, developmental delay, intellectual functioning, trauma, autism, learning disorders, and mental-health conditions can affect communication, competency, interrogation, school behavior, and disposition.

Relevant records should be gathered carefully and used strategically.

A diagnosis does not automatically excuse conduct, but developmental context can be legally important.

Transfer to Adult Criminal Court

Tennessee Code § 37-1-134 and Juvenile Rule 208 govern transfer of qualifying delinquency cases for prosecution as an adult.

Transfer is one of the most consequential events in juvenile defense because the child can move from a rehabilitation-focused juvenile system into ordinary criminal court.

Age, alleged offense, statutory criteria, notice, hearing, and proof all matter.

Which Juveniles Can Face Transfer?

Tennessee's transfer rules use age and offense categories.

Current court materials identify narrow transfer eligibility for children under fourteen in first- or second-degree murder or attempt cases; specified offenses for children fourteen to under seventeen; robbery or attempt for children sixteen or older; and broader offense eligibility at age seventeen.

The exact statute and offense date should always be checked because transfer law is highly consequential and subject to legislative change.

The Transfer Hearing

A transfer does not occur merely because the prosecutor requests it.

Juvenile Rule 208 and § 37-1-134 require a transfer hearing and statutory findings.

Defense preparation can include offense evidence, mental health, maturity, prior history, treatment potential, school records, family support, and expert testimony.

Notice Before a Transfer Hearing

Tennessee's juvenile rules require advance notice before a transfer hearing.

Current court training materials identify at least fourteen days' notice as part of the transfer process.

Counsel should use that time to investigate both the alleged offense and the statutory transfer factors.

Why Transfer Matters

After transfer, the child can be prosecuted in criminal court as an adult for the transferred case.

Adult felony sentencing, public records, incarceration exposure, and long-term collateral consequences can follow.

Preventing transfer can therefore be as important as defending the underlying charge.

Murder and Attempted Murder Allegations

Serious homicide allegations can create transfer exposure even for very young juveniles under Tennessee's statutory framework.

These cases require immediate investigation of identity, intent, self-defense, causation, forensic evidence, statements, and accomplice liability.

Kevin Kennedy served as lead prosecutor on multiple first-degree murder cases before becoming a defense lawyer.

Sex Offense Allegations

Juvenile sex-offense cases can involve complex transfer, treatment, registry, school, and confidentiality issues.

Age differences, consent concepts, digital evidence, forensic interviews, and developmental context may matter.

These cases require individualized analysis because collateral consequences can be substantial.

Forensic Interviews

Children may be interviewed at child advocacy centers or by trained investigators.

The defense should obtain recordings where discoverable and examine questioning methods, consistency, disclosure history, and corroboration.

A forensic interview is evidence to be evaluated, not an automatic determination of truth.

Adjudication Is Not the Same as an Adult Conviction

Juvenile delinquency adjudication is a different legal process from an adult criminal conviction.

Nevertheless, juvenile findings can have significant consequences and can matter in later proceedings under specific statutes.

Families should avoid minimizing a case simply because it remains in juvenile court.

Confidentiality of Juvenile Records

Tennessee Code § 37-1-153 generally limits inspection of juvenile court files and records, subject to statutory exceptions.

Certain serious or violent cases can receive different treatment under the statute.

Confidentiality is valuable, but it is not the same as automatic destruction or expungement.

Juvenile Expungement

Tennessee law provides mechanisms for expunction of qualifying juvenile records under § 37-1-153.

Eligibility can depend on the disposition, age, later record, offense, and statutory exceptions.

Families should ask about expungement at the end of the case rather than assuming the record disappears automatically.

Fingerprints and Photographs

Separate Tennessee provisions address destruction of juvenile fingerprint and photograph records in qualifying circumstances.

The rules can depend on whether the child was adjudicated delinquent and the nature of the alleged offense.

Keeping certified court paperwork can help when records should have been cleared but continue to appear.

School Discipline vs. Juvenile Court

A child can face suspension, expulsion, alternative-school placement, athletic consequences, or other discipline separate from juvenile court.

Winning one proceeding does not automatically resolve the other.

Statements made in a school process can affect the criminal defense, so coordination matters.

College and Scholarship Consequences

Older teenagers may be applying to colleges, scholarships, military programs, or jobs while a juvenile case is pending.

Confidentiality and expungement can reduce long-term harm, but specific applications may ask different questions.

The defense should consider the child's future goals when evaluating dispositions.

Driver's License Consequences

Some juvenile adjudications can affect driving privileges.

Vehicle-related offenses, alcohol or drug matters, and statutory reporting can create separate licensing consequences.

The exact offense and age should be reviewed before any admission.

Restitution

Juvenile dispositions can include restitution for property damage or loss.

Amount, causation, ownership, insurance payments, and the child's role can be disputed.

Families should request documentation rather than accepting an unsupported number.

Community Service

Community service may be part of diversion, probation, or disposition.

Completion should be documented carefully.

Meaningful service, school progress, and treatment can also support mitigation.

Treatment and Counseling

Substance-use treatment, anger management, family therapy, trauma treatment, or other services may be useful or ordered.

Starting appropriate treatment early can help the child and can demonstrate family engagement.

Treatment should be tailored to actual needs rather than chosen only for appearances.

School Attendance and Grades

Attendance, grades, disciplinary history, IEP or 504 records, teacher support, and extracurricular involvement can become relevant mitigation.

Recent improvement can be particularly persuasive.

Parents should gather records before hearings rather than relying on general descriptions.

Family Support

A concrete supervision plan can affect detention and disposition.

Courts may want to know who will supervise the child, transportation arrangements, curfew, school plan, treatment, and how access to weapons or risky peers will be controlled.

Specific plans are more useful than promises that the child will 'stay out of trouble.'

Employment and Activities

Part-time work, sports, church, clubs, volunteering, and structured activities can demonstrate stability and community connection.

Schedules can also help design probation conditions that are realistic.

Letters from coaches, employers, teachers, and mentors may support mitigation.

What Parents Should Not Do

Do not tell the child to delete messages, wipe a phone, contact witnesses to coordinate accounts, or apologize in writing before legal advice.

Do not confront the alleged victim or post about the case online.

Preserve evidence and let counsel handle investigative contacts.

What Parents Should Gather

Collect the petition, summons, release paperwork, school notices, police paperwork, screenshots, videos, medical records, and witness information.

Also gather school records, treatment records, awards, work history, and other mitigation.

A complete picture of both the incident and the child is essential.

Working With Experts

Serious juvenile cases may require psychologists, psychiatrists, forensic interview experts, digital experts, firearm experts, toxicologists, or other specialists.

Transfer cases can particularly benefit from developmental and treatment evidence.

Experts should address a real disputed issue rather than being retained automatically.

Negotiating a Juvenile Case

Juvenile negotiations can involve dismissal, informal adjustment, pretrial diversion, judicial diversion, amended allegations, probation, treatment, restitution, or other dispositions.

The child's age, record, school history, family support, evidence strength, victim position, and rehabilitation potential can matter.

Negotiation should be informed by readiness to litigate adjudication or transfer when necessary.

Preparing for an Adjudicatory Hearing

The defense should organize the case around the elements of the alleged adult offense while also applying juvenile procedural rules.

Witnesses, videos, searches, statements, forensic evidence, self-defense, identification, and intent should be tested like any serious criminal case.

The child's age does not reduce the State's burden of proof.

Preparing for Disposition

If adjudication occurs, disposition preparation should begin immediately.

Counsel can present treatment progress, school improvement, family supervision, employment, community support, restitution efforts, and a structured plan.

The goal is a lawful disposition that protects the child's future while addressing the court's concerns.

Evidence to Preserve in a Nashville Juvenile Case

Petition, summons, detention paperwork, release conditions, and every court order.
Police reports, body-camera footage, dash-camera footage, and interview recordings.
School security video, disciplinary records, incident reports, and administrator communications.
Complete text, Snapchat, Instagram, TikTok, Discord, group-chat, and other digital conversations.
Cellphone photographs, videos, location data, and account information.
Store, apartment, neighborhood, business, or residential surveillance.
Names and contact information for students, teachers, coaches, parents, and other witnesses.
Medical records and photographs of injuries.
Receipts, property records, restitution estimates, and proof of ownership.
Vehicle records, firearm records, laboratory reports, and forensic evidence when applicable.
School attendance, grades, IEP or 504 materials, awards, sports, employment, and extracurricular records.
Treatment, counseling, evaluation, and medication records when strategically relevant.

Common Juvenile Defense Issues

The child did not commit the alleged act.
The identification is unreliable.
The child acted in self-defense or defense of another.
The State cannot prove intent or the required mental state.
The child was merely present with other juveniles.
A codefendant is shifting blame.
The school or police search was unlawful.
A phone search exceeded consent or a warrant.
The child's statement was involuntary or obtained in violation of rights.
Video contradicts witness descriptions.
The State cannot establish constructive possession of drugs or a firearm.
The alleged property value or restitution amount is inaccurate.
The evidence supports diversion rather than adjudication.
Detention is unnecessary because a safe home-supervision plan exists.
The statutory requirements for transfer to adult court are not met.
The child has strong rehabilitation, treatment, school, and family evidence supporting a less restrictive disposition.

Why Hire a Former Prosecutor for a Juvenile Case?

A juvenile case can change direction quickly. A school fight can become aggravated assault. A gun found in a car can lead to several juveniles blaming one another. A social-media message can be characterized as a threat. A serious allegation can trigger a request to transfer the child to adult criminal court.

Kevin Kennedy previously handled thousands of criminal cases as a prosecutor. He understands how prosecutors evaluate evidence, witness credibility, digital records, violent-offense allegations, plea decisions, and trial risk. He also served as lead prosecutor on multiple first-degree murder cases, experience that matters when a juvenile faces the most serious transfer-eligible allegations.

Juvenile defense requires protecting the child in the current case while also protecting the child's future. The strategy should account for evidence, detention, transfer risk, school, treatment, family supervision, record confidentiality, and expungement.

What to Do When Your Child Is Accused of a Crime

Do not tell your child to explain the case again to police or school resource officers without legal advice.
Do not delete messages, social media, photos, or videos.
Save every court, school, police, and detention document.
Write down the names of witnesses and other juveniles involved.
Preserve screenshots and complete digital conversations, not just favorable excerpts.
Photograph injuries and obtain medical records when self-defense or use of force is relevant.
Tell counsel immediately if the child is detained so statutory deadlines can be reviewed.
Gather school, treatment, employment, sports, and family-support records for release and mitigation.
Follow every no-contact, curfew, school, GPS, or release condition.
Ask counsel early whether diversion, dismissal, transfer defense, or another resolution should be pursued.

Frequently Asked Questions About Juvenile Defense in Tennessee

What age is considered a juvenile in Tennessee?

Generally, a person under eighteen who has not previously been transferred to adult court is treated as a juvenile for juvenile-court jurisdiction, subject to Tennessee law.

Is juvenile court the same as criminal court?

No. Juvenile court uses different procedures and focuses on delinquency, treatment, rehabilitation, and disposition, although serious cases can be transferred to criminal court.

Does my child have a right to a lawyer?

Yes in proceedings where Tennessee law provides that right. Juvenile Rule 205 requires the court to advise the child of the right to counsel and regulates waiver.

Can my child waive a lawyer?

Only through a knowing and voluntary waiver after being fully informed, and the waiver must be confirmed in writing under Rule 205.

Can police question my child without me?

The legality and admissibility of juvenile questioning depend on the circumstances. Age, custody, warnings, voluntariness, and understanding can all matter.

What happens if my child is detained?

The court must follow Tennessee's juvenile detention procedures and strict timing requirements, including probable-cause rules in qualifying cases.

How quickly must probable cause be determined?

For a child held in secure detention after custody without an order, Rule 203 generally requires a magistrate's probable-cause determination within 48 hours.

Can my child be released to me?

Yes in appropriate cases. Rule 203 provides for release to a parent, guardian, or custodian when the child is not detainable.

What is a juvenile petition?

It is the formal pleading alleging the delinquent conduct attributed to the child.

What is an adjudicatory hearing?

It is the hearing where the juvenile court determines whether the evidence supports the delinquency allegation and required findings.

How soon is an adjudicatory hearing held if my child is detained?

Rule 210 generally requires an adjudicatory hearing within 30 days of out-of-home placement, subject to a good-cause continuance.

What is disposition?

Disposition is the juvenile-court stage after adjudication when the court determines supervision, treatment, probation, placement, restitution, or other consequences.

Can my child get pretrial diversion?

Potentially. Rule 202 provides a juvenile pretrial-diversion process when the matter is deemed appropriate and the required parties consent.

Does juvenile pretrial diversion require an admission?

Rule 202 states that no admission of the petition allegation is required merely to determine whether to proceed with pretrial diversion.

How long can juvenile pretrial diversion last?

Up to six months initially, with a possible extension of up to another six months after the required application, notice, and hearing.

Can my child get judicial diversion?

Potentially in an appropriate case. Juvenile Rule 209 governs guilty/no-contest pleas and judicial diversion procedures.

Can a juvenile case be dismissed?

Yes when the State cannot prove the allegation, evidence is suppressed, witnesses fail, diversion succeeds, or another lawful basis for dismissal exists.

Can a juvenile be tried as an adult?

Yes in qualifying serious cases through Tennessee's transfer process under § 37-1-134 and Juvenile Rule 208.

Can a child under 14 be transferred to adult court?

Current Tennessee court materials identify narrow eligibility involving first- or second-degree murder or attempts. Exact statutory eligibility should be checked for the offense date.

What happens at a transfer hearing?

The court considers whether the statutory requirements for transferring the juvenile case to criminal court are met.

Can a 17-year-old be transferred for any offense?

Current Tennessee court training materials describe broader transfer eligibility at age 17, but the exact statute and facts must be reviewed.

Does a juvenile adjudication count as an adult conviction?

No. A delinquency adjudication is legally distinct from an adult criminal conviction, though it can still carry significant consequences.

Are juvenile records private?

Tennessee law generally limits inspection of juvenile court files and records, subject to statutory exceptions, particularly for certain serious cases.

Can juvenile records be expunged?

Yes in qualifying circumstances under Tennessee juvenile expunction law. Eligibility depends on the disposition and statutory requirements.

Will the case affect school?

Potentially. School discipline is separate from juvenile court and may include suspension, expulsion, or alternative placement.

Can school search my child's backpack?

Potentially, but the legal standard depends on who conducted the search and the circumstances. School-official and police searches can involve different analyses.

Can police search my child's phone?

They generally need lawful authority such as a valid warrant or consent. Scope and voluntariness can be challenged.

What if a gun was found in a car with several kids?

The State must prove legally sufficient possession as to the accused child. Mere presence near a firearm does not automatically establish possession.

What if my child acted in self-defense?

Self-defense can apply when Tennessee law supports it. Preserve video, injuries, threats, and witness information.

What if another juvenile blames my child?

Codefendant statements should be tested for credibility, motive, inconsistency, and corroboration.

Can my child be put on probation?

Yes. Juvenile probation can include reporting, school, curfew, treatment, testing, restitution, community service, and other conditions.

What happens if my child violates probation?

The court can conduct a violation proceeding under Juvenile Rule 212. The defense should examine the exact condition and proof.

Can the court order counseling or treatment?

Yes. Juvenile dispositions can include treatment and evaluation when legally appropriate.

Can parents be ordered to pay restitution?

Restitution and family financial responsibility can involve specific statutory rules. The amount and legal basis should be reviewed in the particular case.

What is the most important thing a parent should do first?

Preserve evidence, stop additional unnecessary interviews, comply with court conditions, and obtain counsel early---especially when the child is detained or transfer to adult court is possible.

Related Nashville Juvenile and Criminal Defense Pages

Talk to a Nashville Juvenile Defense Lawyer

A juvenile case should be treated seriously from the first police interview or detention hearing. Early decisions can affect release, school, diversion, transfer risk, evidence preservation, adjudication, disposition, and the child's record.

Kevin Kennedy is a Nashville criminal defense lawyer and former prosecutor who has handled thousands of criminal cases. He represents juveniles and families in Davidson County matters involving assault, theft, robbery, burglary, guns, drugs, school allegations, probation violations, and serious transfer-eligible offenses.

If your child is facing a juvenile delinquency allegation in Nashville, call or text 615-205-7311 for a free consultation.