When Are Juveniles Tried as Adults?

The criminal justice system usually treats minors and adults differently – but in some cases, judges might decide to try juvenile offenders as adults, where they will face the same penalties as someone over 18. While rehabilitation and education are typically the goals of juvenile law, serious crimes may trigger a transfer to adult court, exposing young offenders to harsher consequences.

Understanding the legal distinctions between juvenile and adult proceedings – and when minors can be charged as adults – is crucial if your child faces criminal allegations.

What Is Juvenile Law?

Juvenile law is a separate legal area focused on children under 18 who violate the law. California’s juvenile justice system tends to emphasize education and reform over punishment, acknowledging that young people’s brains are still developing, which may lead them to act impulsively, succumb to peer pressure or misjudge the consequences of their actions.

Juvenile court proceedings are generally less formal and do not involve a jury. Instead, a judge will determine the outcome based on the minor’s best interests and may order:

• Counseling or rehabilitation
• Community service
• Probation
• Placement in a juvenile correctional facility

For less serious crimes, such as shoplifting or truancy, a judge may opt for informal probation or dismiss the charges after a period of good behavior.

Under What Circumstances Can a Juvenile Face Adult Charges?

In California, minors as young as 16 who commit severe offenses like murder, rape, arson, armed robbery or kidnapping can go to adult court if the district attorney recommends it.

That depends on factors such as:

• The nature and severity of the crime
• The minor’s age and criminal history
• The likelihood of rehabilitation in the juvenile system
• The presence of gang activity or use of a weapon

The decision to try a minor as an adult may come from either:

• A direct file by a prosecutor in adult court (only allowed in limited circumstances under California law)
• A judge’s ruling after a transfer hearing in juvenile court

While Proposition 57, passed in 2016, eliminated prosecutors’ ability to directly file charges in adult court without judicial review, transfer hearings still allow judges to make this decision.

Juvenile Court vs. Adult Court

There are several notable differences between juvenile and adult court.

The stakes are much higher in adult court. A juvenile tried as an adult could face decades in prison, placement in an adult correctional facility and a permanent criminal record – all of which can derail their future.

Why Minors Deserve Skilled Legal Representation

The 1967 U.S. Supreme Court case In re Gault established that minors have many of the same constitutional rights as adults, including:

• Legal representation
• Remain silent if answering questions would be self-incriminatory
• Receive notice of charges
• Cross-examine witnesses

Despite these protections, juvenile cases require special care. The circumstances surrounding when it is legally appropriate to hold a minor to adult standards are complex, and outcomes can vary dramatically based on the legal representation you secure and the case your lawyer builds.

As a seasoned Southern California criminal defense attorney, Ronald Brower can:

• Advocate to keep the case in juvenile court
• Argue for rehabilitation instead of punitive measures
• Challenge transfer hearings and prosecution requests
• Protect the child’s rights during interrogation and trial
• Present mitigating factors like emotional immaturity, trauma or mental health struggles

Protect Your Child’s Future Now

Ronald Brower has over 45 years of criminal defense experience – including cases involving juveniles accused of serious crimes. He understands the high stakes and fights to protect his young clients from the life-altering consequences of being tried as an adult.

Juvenile law in California intends to help young people correct course – but minors can face adult-level consequences in some cases. If your child is under investigation or stands accused of a crime, you must act quickly and hire an experienced defense attorney who can protect their future.

Contact us today to schedule a consultation. We’ll help you understand your options and fight to keep your child’s case in the juvenile justice system.