Contrary to the expectations of many people, children commit crimes just as adults. However, the criminal justice system is overly protective of children because of their inability to understand the severity of their behavior. However, your loved one can be treated like an adult offender in specific circumstances. This means that they can face trial in an adult criminal court and face penalties designed for adult offenders if they commit certain felonies. This has advantages and disadvantages that parents and guardians must understand to determine what is best for their child.
If your child will likely face criminal charges like an adult offender in Las Vegas, you need the assistance of a skilled attorney to understand what that means and how it affects their situation. Our attorneys at The Law Office of Martin Hart can help you understand your legal options and fight for your child's best interests.
When Juveniles Can Be Prosecuted as Adults in Nevada
Most crimes that children commit are minor and can be handled by the juvenile justice system. Children found guilty by a juvenile court judge are rehabilitated and not punished, as happens to adult offenders. The goal is usually to give juvenile offenders a second chance to correct their behavior and become better adults. However, some instances call for sterner action against juvenile offenders. This primarily happens when a juvenile commits a grave felony, like rape, murder, and burglary. In this case, they can face charges in an adult criminal court if they meet other criteria, including being 17 or older.
If your older child commits a grave felony and is likely to face trial in an adult criminal court, talk to a skilled criminal attorney. They will help you understand the severity of your child’s situation, their options, and the pros and cons. They will also review your child’s case to determine whether or not they can fight the requirement to face charges like an adult.
The law requiring juveniles to be charged as adult offenders in Nevada is under NRS Section 62b.390. The law allows judges to certify a minor to face trial as an adult under specific circumstances, including the following:
- A judge can certify a juvenile aged 13, 14, or 15 to face trial as an adult if they face charges for a grave felony like murder or kidnapping.
- A juvenile aged 14 or older can face trial in an adult criminal court if they face charges for an offense that will be a felony offense if the offender is an adult (aged over 18 years).
- A juvenile aged 16 or 17 will likely face charges in an adult criminal court if they commit a sex-related or weapon-related felony.
Remember that when a minor commits a crime, they are arrested like any other offender. The police will determine what to do while in the station after realizing the offender's age and the nature of their charges. In some instances, especially concerning a minor offense, the police can release the minor after issuing them a stern warning against their behavior. However, some cases require the police to hand the minor’s case to the prosecutor. The prosecutor will petition a juvenile court judge, who sets a hearing date.
The judge will consider the gravity of the charges the juvenile faces and their history of juvenile delinquency to determine the right course of action. Suppose a minor meets the requirements to face trial in an adult criminal court. In that case, the judge will certify it and set another hearing to determine the juvenile’s suitability for the criminal justice system.
There are two main ways the judge can certify a minor to face trial in an adult criminal court in Nevada. The discretionary certification occurs when the judge can authorize a juvenile offender to face trial like an adult, but they do not do it. The judge allows the court to consider the matter and make decisions based on the child’s best interests. In this case, the parents can hire an attorney to represent the child in the subsequent hearings and fight on the child’s behalf to avoid severe punishments for their underlying charges.
A skilled criminal attorney will present evidence and testimonies to compel the judge to hear and determine the child’s case in a juvenile court. They can argue that facing trial as an adult is not in the child’s best interests.
Mandatory certification occurs when a juvenile court judge is mandated to certify the minor to face trial in an adult criminal court. In this case, the judge will not hold a hearing or seek the opinions of the prosecution and defense teams. The mandate is final.
If your minor is facing charges for a grave felony like murder, and they are 13 or older, the juvenile court does not usually have the choice to certify the minor to face charges like an adult. The court is legally mandated to certify the minor and will do so without holding a hearing to consider the matter. If your minor is at least 14 and is facing charges for a felony, the prosecutor can petition the juvenile court to certify the minor to face trial in an adult court. If the alleged felony is a gun-related offense, the court has discretionary certification, which it can rebut during the following legal proceedings.
However, there are exceptions, even in matters where juvenile court judges must certify a minor to face charges like an adult. The law provides these exceptions. For example, a judge can evade certifying your child if there is compelling proof that:
- The minor does not understand their legal position because of an underlying mental incompetence.
- The minor has a substance abuse or behavioral issue that can be treated through rehabilitation. So, they will benefit more from the juvenile justice system than the adult criminal justice system.
How Juvenile Courts Certify Juvenile Offenders
When the police arrest a minor for violating a law, they must consider the severity of the minor’s actions and other details of the case to determine the fitting charges. If the charges against the minor are grave, and the police cannot release them with a warning, the arresting officer will forward the case to the prosecutor for filing. Typically, a prosecutor will file a petition with a juvenile court against the minor for the underlying violation. However, in a severe violation, like a grave felony, the prosecutor can petition the court to transfer the minor’s case to an adult criminal court. This is usually the beginning of the certification procedure.
The prosecutor decides to file a motion to certify a minor when they realize that the details of the minor’s case and the evidence against them qualify the minor to face charges in adult court. Once the prosecutor brings the motion, the judge will set a hearing date to determine the circumstances of the case and make the final decision. The judge must weigh all circumstances of the matter, including evidence from the defense team, to determine the juvenile’s suitability to be certified.
At the end of the hearing, the judge decides whether to transfer the juvenile’s case to an adult criminal court or try them as minors in a juvenile court. The prosecutor will transfer the case to a criminal court if the judge certifies the minor. The child will start a different legal process, starting with an arrest and an initial hearing to determine their charges and the bail matter.
Remember that not all juvenile offenders can be certified to face trial as adults. Your child must be at least 13 years old to face a certification process. They must also face charges for a grave felony, like murder or rape. Your child’s attorney will also explain other qualifying criteria to ensure you understand why your child will likely face charges as an adult. You can fight these requirements with the assistance of a competent attorney if you wish to have your child’s case heard and determined in a juvenile court.
Remember that juvenile courts consider the child’s best interests when determining cases. They are more about treatment and rehabilitation than punishment. Thus, a juvenile offender will likely benefit more from the juvenile justice system than an adult criminal system.
What Follows a Successful Case Transfer
If, after a hearing, the juvenile court concludes that a minor must face charges as an adult, a prosecutor will file charges in an adult criminal court. The minor will follow all adult offenders' processes when facing criminal charges. They will face a jury trial, whereby they can present evidence, interview witnesses, and present expert testimony and other statements to fight the charges.
There are some advantages your child can gain from this process, including the fair manner in which adult criminal courts handle the matter. Judges in adult criminal courts must consider evidence and statements from the prosecution and defense teams to conclude the case. This increases your chances of obtaining a favorable resolution for your child’s case. However, the penalties will be severe if an adult criminal court finds your child guilty of a grave felony.
In some cases, a certified case can return to a juvenile court. Your child’s attorney can appeal the matter after the judge certifies your child to face trial as an adult. They can file a petition to compel the criminal court to transfer your child’s case to the juvenile court. However, they must provide compelling reasons for filing this petition.
The judge will consider the petition if there are exceptional circumstances to explain it. Examples of exceptional circumstances your attorney can cite in the application include the following:
- The judge or prosecutor handling your child’s case misconducted themselves, which denied your child a charge to enjoy a fair trial. The misconduct can be in the form of prosecutorial misconduct or judicial error.
- Your child did not have adequate legal representation throughout their trial.
Additionally, your child’s attorney can argue that your child’s best interests will be served well in a juvenile court, not an adult criminal court. They can cite that subjecting minors to an adult justice system at a young age will be detrimental to their growth and development or will hurt them in the long term. Alternatively, your attorney can argue that giving the juvenile a second chance to rectify their behavior serves public interests.
If the petition is successful, the adult criminal justice system will return your child’s case to the juvenile justice system for hearing and determination. It helps to work with an experienced attorney to take advantage of these provisions and other strategies that could benefit your child’s situation.
Criminal Penalties Vs. Juvenile Dispositions
The juvenile justice system is designed to offer leniency to juveniles when they commit a crime. Instead of punishing them like adult offenders, juvenile dispositions allow offenders to change, improve, or better their lives. Thus, criminal penalties are usually harsher than juvenile dispositions. A juvenile does not face a lengthy prison sentence or a hefty court fine, regardless of their charges. They are given alternative sentences to correct their thinking and behavior to help them avoid crime. However, adults receive hefty penalties because they understand the nature and consequences of their actions. Criminal penalties are mainly punishments for misconduct.
The penalties in both systems are typically similar, although they differ in severity. They include community service, detention, restitution and fines, and license revocations. The difference is in the intention: juvenile dispositions are geared towards rehabilitation, while criminal penalties are mainly punishments.
If a juvenile court sustains a petition against a minor, the worst punishment the minor will receive is detention in a juvenile hall. However, detainees can continue schooling and participate in other rehabilitative activities. If a minor is sentenced in an adult criminal court, they will likely receive a prison sentence, where they will be locked up for years.
Thus, you must carefully consider your child’s best interests if they are about to face charges as adults. A competent criminal attorney will help you fight for your child’s rights.
Find an Experienced Criminal Attorney Near Me
If your loved one is facing charges for a felony in Las Vegas, they can face charges in a juvenile or adult criminal court. This depends on their case circumstances and their juvenile delinquency history. If your child is about to be certified as an adult, you need adequate legal help to understand what it means and your options.
At the Law Offices of Martin Hart, we understand what is at stake if a minor is charged as an adult. They could face severe life-changing penalties, including a lengthy prison sentence and a hefty court fine. However, we can use our best strategies to fight for your child’s case to remain under the juvenile justice system. This way, the minor will receive a second chance to rectify their behavior and attitude. Call us at 702-380-4278 to discuss your case and our services in detail.