Juveniles Certified as Adults

Avoiding Adult Certification for minors charged with criminal offenses

There are several situations in which a minor may not be able to avoid being certified as an adult for criminal charges, however some circumstances and arguments may allow a youth to remain in the juvenile court system.

Can those under the age of 18 be brought to adult criminal court?

Yes, in some circumstances a minor can be charged as an adult. Those charged with a crime who are under 18 years of age usually are going to be prosecuted in the juvenile court, rather than adult court. However, in some situations people who are under 18 years of age may be brought to adult court to face their charges. These rules only apply if the juvenile is 14 or older and is charged with a felony offense. Whether a minor will be prosecuted in adult court depends on their age, and the alleged crime that they committed.

When is it most likely that a juvenile will be brought into adult court?

It is presumed that a juvenile will be certified as an adult if they are 16 or 17 at the time of the offense, and they are charged with an offense that would be presumptive commitment to prison as an adult, or they are charged with an offense in which they used a firearm. For example, if the juvenile is 17 and is charged with committing a First-Degree Burglary, it is presumed that they would be prosecuted in adult court because if they were an adult they would be sent to prison for that crime. To prevent a juvenile from being certified under this rule, the attorney for the juvenile must prove by clear and convincing evidence that keeping the proceeding in juvenile court serves public safety. If the court rules that the case may stay in juvenile court, the court must order extended juvenile jurisdiction. This means that the court has jurisdiction over the juvenile until they are 21 years old.

Are there other ways a juvenile may be prosecuted as an adult?

A prosecutor may file a motion to have juvenile certified as an adult in other circumstances if they prove by clear and convincing evidence that keeping the proceeding in juvenile court does not serve public safety. This may be more challenging for the prosecutor to accomplish based on the public safety factors that are discussed below. Additionally, a juvenile who is 16 or 17 is automatically certified as an adult when they are charged with first degree murder.

How do you prove that keeping the proceedings in juvenile court serves public safety?

The goal in a juvenile certification case is to keep the case in juvenile court. This is because a juvenile cannot then be sent to prison or jail, they can get the services they need, and they may have a better chance of keeping a criminal conviction off their record. To show that keeping the proceeding in juvenile court serves public safety, the following factors must be considered: the seriousness of the offense; the culpability of the child, the child’s prior record of delinquency, the child’s programming history, the adequacy of punishment and programming available in the juvenile system, and the dispositional options available to the child. Proving these factors requires the presentation of witnesses and documents to the court.

While avoiding Adult Certification can be complex and challenging, it can be of benefit to the youth and potentially to the benefit of public safety to do so. Engaging an attorney experienced with the relevant factors offers the best potential for success.

The Attorneys at Sieben & Cotter are experienced criminal defense attorneys that have handled juvenile certification cases.