How to Know When a Juvenile Can Be Tried As an Adult
A person charged with a criminal offense who is younger than 18 years of age is usually tried as a juvenile in the juvenile court system. However, under certain circumstances, a juvenile may be tried as an adult in criminal court. This occurs when an offense is deemed sufficiently serious to warrant trial as an adult.
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Instructions
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Understand that the age of the juvenile may affect whether he or she can be tried as an adult. Some states have laws about the minimum age at which a child can be tried as an adult; others don't. Check with your state's Attorney General to make sure you understand the laws, or consult an attorney.
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Be aware that the type of offense involved also plays a role. If a juvenile is charged with a class 1 or 2 felony, or if he or she is alleged to have committed a crime of violence, the case is more likely to handled in adult court.
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Keep in mind that a juvenile's history of delinquency may affect whether he or she is tried as an adult. First-time youth offenders are often treated as juveniles in the court system, but chronic offenders with a history of bad behavior are much more likely to be tried as adults.
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Contact an advocacy group like the American Civil Liberties Union for guidance and assistance (see Resources below) if you feel your child's rights are violated or the decision to try him or her as an adult is fundamentally unfair.
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Secure the services of a criminal defense attorney with experience in issues related to juvenile crime for more information on whether or not your child can be tried as an adult. This is essential to fully understanding and protecting your child's rights. The court will appoint a public defender if you cannot afford your own attorney.
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Tips & Warnings
Children charged as adults have the same basic legal rights as adults. These rights include the right to remain silent when being questioned by police and the right to have an attorney present during questioning.
If your child is tried as an adult and convicted, the penalty can be severe. Your child may be sentenced to a long prison term and may not be eligible for parole.
Be aware that state laws affecting when a child can be tried as an adult are subject to change. Always obtain the latest information by talking with an experienced attorney or by contacting a legal aid group in your community.
