Trying Juveniles as Adults
Trying Juveniles as Adults
Juveniles may be tried as adults under different circumstances, and these circumstances vary from state-to-state. An experienced criminal defense attorney can explain the laws in your state regarding trying juveniles as adults and see how they apply to your child's case and defense.
When Does a Minor Become an Adult?
Many states limit juvenile courts to a certain age, most often 17. Some states have limited the juvenile courts to minors 16 and under, while others have even gone to 15 and below. In those states where a minor is considered to be 15 or under, 16 and 17 year olds are tried as adults. A criminal defense lawyer in your area can explain your state's juvenile cutoff age in more detail.
Can Juvenile Courts Hear Cases Involving Very Serious Charges like Murder?
Many states have laws that do not allow juvenile courts to take cases involving very serious or violent crimes. In these instances, the child's age does not matter. He or she will be tried in the adult criminal system. One of the local criminal defense attorneys who sponsor Total Criminal Defense can assess your child's charges and determine if they are serious enough to likely be tried in an adult court.
Can My Child Be Tried as a Juvenile in an Adult Court?
Many states allow prosecutors to file a juvenile delinquency petition in an adult criminal court if the juvenile is of a certain age or committed a certain type of juvenile crime. A local criminal defense attorney can explain whether your state employs any of these direct filing provisions.
Can a Juvenile Case be Moved into an Adult Court?
In some juvenile cases filed in juvenile court, a judge may decide that the issues at hand would be best answered in an adult court. In this situation, the case may be transferred from the juvenile system into an adult court.
Some states do place age restrictions on waivers into adult court. Many states allow "reverse waivers," in which an adult criminal court judge may transfer a juvenile if the issues would be better addressed by the juvenile court system. An experienced criminal defense attorney in your area can help you determine the likelihood that your child will be prosecuted in adult court and what you may be able to do to influence that decision.
My Child Has Been Previously Prosecuted as an Adult. Will He or She Be Prosecuted as an Adult from Here on Out?
In some states, a juvenile tried as an adult may be permanently tried as an adult, regardless if the later charges qualify for adult treatment. Even if a juvenile who has been previously tried as an adult commits a minor offense typically treated in a juvenile court, he or she will be tried for that offense as an adult.
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If your juvenile has been arrested and is facing criminal charges, remember that he or she may be tried as an adult and that the consequences can be severe. Schedule a free, no obligation consultation with one of our sponsoring criminal defense attorneys in your area who can assess your situation, clarify your child's rights and help you move forward with confidence. Simply fill out our free, online case evaluation form or call us at 1 (877) 445-1059.