The juvenile justice system exists to rehabilitate young people and not administer cruel punishments. However, under certain situations, teenagers can be tried as adults, with outcomes that can influence their lives for the remainder of their existence. Suppose your teenager has been charged with a crime. In that case, it is crucial to understand under what circumstances the law allows juveniles to be tried as adults, why these factors are used in the decision, and what legal routes may be taken by a Frisco assault attorney.
When Is a Juvenile Tried as an Adult?
Most states set adulthood age at 18, although there are some exceptions where a juvenile may be tried in adult court. The circumstances under which a juvenile can be tried as an adult vary from state to state but generally come under three categories:
Statutory Exclusion: Specific crimes, such as murder, aggravated assault, or specific sex offenses, by statute automatically bar juveniles from the juvenile system. These crimes are considered significant enough that statute mandates they must be prosecuted as adults.
Judicial Waiver: If a judge in a court of juveniles believes that the juvenile should be tried as an adult, the judge may waive them. This is based on the nature of the offense, the minor’s record, and their likelihood of being rehabilitated.
Prosecutorial Discretion (Direct File): Prosecutors in some states can charge specific juvenile offenders in adult court without the approval of a judge. This is typically reserved for older teenagers who commit serious violent felonies.
Factors Used in Transferring a Case to Adult Court
In determining whether or not a juvenile will be tried as an adult, courts consider several factors, including:
- Age of the Offender: Transferring is less probable with younger offenders, but more probable for older teenagers (16-17).
- Nature of the Crime: Violent crimes, particularly those that include weapons or severe bodily harm, increase the likelihood of prosecution as an adult.
- Prior Criminal History: Repeated offense or a lack of response to earlier rehabilitative efforts may be enough to weigh in favor of trying the case as an adult.
- Maturity and Psychological Evaluation: The court may decide whether the juvenile is in a position to stand trial as an adult when it comes to emotional as well as intellectual maturity.
- Chance of Rehabilitation: In case rehabilitation through the juvenile system can happen, the judges may want to hold the case in a court of juveniles.
Punishment for Trial as an Adult
Adulthood Trial has serious consequences that can haunt a juvenile for the remainder of their life. These include:
- Increased Sentencing: Sentences in adult courts tend to be harsher, including longer prison time and less opportunity for rehabilitation.
- Permanence of Criminal Record: Though juvenile convictions can be sealed, adult convictions are permanent on record and will affect future employment, education, and housing opportunities.
- Incarceration in Adult Institutions: Adolescents who are tried as adults will frequently be sentenced to adult institutions, where they will be exposed to harsher conditions.
Can a Juvenile Conviction Be Overturned?
In some cases, adolescents who are tried as adults may be afforded the opportunity to appeal or have their sentences reduced. Post-conviction relief options include:
- Appealing the Transfer to Adult Court: If a defense attorney believes that the transfer was unjustified, they may appeal the decision.
- Juvenile Sentencing Programs: Some states offer sentencing programs that allow a juvenile to be sentenced to a youth detention facility rather than an adult prison.
- Expungement or Sealing of Records: According to state law, juveniles who have served their sentence and demonstrate rehabilitation can have their records sealed.
How a Juvenile Defense Attorney Can Help
If your child is accused of a serious offense, hiring an attorney as quickly as possible is the initial concern. A best juvenile defense attorney in Frisco can:
- Battle to maintain the case in juvenile court.
- Provide evidence that the youngster can be rehabilitated.
- Dispute the transfer to adult court on grounds that it is unlawful.
- Negotiate plea agreements which minimize the long-term effect.
The possibility of a teenager being tried as an adult is a chilling threat that can impact their entire future. If your teenager is accused of serious crimes, understanding the legal process and seeking professional legal advice is crucial. With the right defense strategy, it may be possible to retain their case in the juvenile system, where rehabilitation remains the focus over punishment.
