Juvenile Tried as an Adult
The traditional rule is that anyone under the age of 18 is a juvenile and will be tried in the juvenile court system. However, most every state now allows for youths below the age of 18 to be tried as adults, at least in certain circumstances. The rules vary from state to state.
3 Ways to Try Juveniles as Adults
There are three common ways in which to transfer a case from juvenile court to the adult system and try the juvenile as an adult. These are:
- Judicial Waiver - some states give juvenile court judges the power to have a juvenile's case tried in adult criminal court
- Direct File - sometimes called "Prosecutorial Discretion" - some states give prosecutors the power to decide whether or not a juvenile will be tried as an adult
- Statutory Exclusion - some states have laws that require a youth's case to be tried in adult court - these laws usually base this automatic transfer on the youth's age, the seriousness or type of crime, and the juvenile's prior record
Examples of State Laws Regarding Transfer of Juveniles
- California - a juvenile is anyone under the age of 18. Anyone 14 years and older can be tried as an adult for serious crimes. Examples of serious crimes include murder, robbery with a weapon, and rape.
- New York - a juvenile is anyone under the age of 16, but at least 7 years old. Children who are 13, 14, and 15 years old who commit more serious or violent crimes can be tried as adults.
- Illinois - a juvenile is anyone under the age of 17. Anyone 13 years old and above can be tried as an adult if he or she has a record of previously breaking the law or commits a serious crime. Minors who are 15 or 16 years old are automatically tried as adults for certain offenses, including murder, aggravated criminal sexual assault, and armed robbery with a firearm.
- Florida - a juvenile is anyone under the age of 18. Florida allows prosecutors, not judges, to decide whether a juvenile will be tried as an adult. For discretionary waiver, the minimum age is 14 years old in order to be tried as an adult. For direct filing, the age depends on the crime but no minimum age is set for capital offenses (offenses punishable by death or life imprisonment). As to statutory exclusions, the minimum age again varies with the crime, but is usually 16 years old.
- Texas - the juvenile court system has power over minors, who are defined to be anyone 10 years of age or older but under 18. For discretionary waiver, the minimum age is generally 14.
What are the Consequences of Being Transferred to an Adult Court?
The consequences of transfer are very serious. You will be tried as an adult and can face the same penalties as adults, including life without parole. If convicted, you will have an adult criminal record which can significantly effect future education and employment opportunities. An adult conviction can also result in the loss of rights, including the right to vote and right to own a firearm. These are only a few examples of the consequences to transfer and this list is by no means exhaustive.
I'm a Juvenile Facing Transfer to Adult Court, Do I Need a Lawyer?
Due to the serious consequences and highly complicated nature of a transfer to adult court, a lawyer with experience in the juvenile justice system can be crucial. While there are serious consequences to a transfer, sometimes it is to your advantage to get your case transferred. An experienced juvenile crime lawyer can assist you in making this determination and dealing with the many complications of transfer.
Consult a Lawyer - Present Your Case Now!
Last Modified: 03-01-2011 03:16 PM PST
