While most minor children’s cases are handled in juvenile court, there are circumstances where they may be tried as adults in criminal court. In this blog post, brought to you by ATAC LAW, we will delve into the situations in which juveniles can be tried as adults in Nevada and shed light on the importance of navigating this legal landscape.
What is the process for the court to certify a child as an adult?
A child who commits a crime before turning 18 is considered a juvenile and is tried in the juvenile court system. However, in certain circumstances, the prosecutor can move the case from juvenile court to adult court. Once the prosecutor files the motion for transfer, the court will schedule a hearing to decide whether to grant the motion.
During the hearing, the prosecutor will have to prove that it is more reasonable and just to treat the child as an adult rather than as a juvenile. They will have to demonstrate that the child’s offense is serious enough to be tried in an adult court and that the child’s amenability for treatment is low. If the prosecutor succeeds in their argument, the child will be certified as an adult, and the case will be transferred to adult criminal court.
However, the defense team can contest the prosecution’s motion vigorously. They will also present evidence that demonstrates that the child deserves and is more amenable to treatment as a juvenile. Additionally, the defense team may argue that transferring the child to an adult criminal court would not be in the child’s best interests.
After hearing both sides, the judge will make a decision. If the child is certified as an adult, the case will be transferred to an adult court, and the child will face trial for the charges. On the other hand, if the judge does not certify the child for adult court and decides that the child should remain in juvenile court, the child will continue to go through the juvenile justice system.
Is it possible for every child to be certified as an adult?
The answer is no. In Nevada, the certification process is typically reserved for children who are at least 13 years old and facing charges for committing serious felonies.
It is important to recognize that not every child who engages in criminal behavior automatically qualifies for certification as an adult. The decision to transfer a child’s case to adult court depends on a variety of factors, such as the age of the child and the severity of the alleged offense. Generally, only children aged 13 and older who are accused of committing serious felonies may be eligible for potential certification.
This particular age requirement takes into consideration the complexities surrounding juvenile offenders. Instead of treating every child as an adult, the legal system seeks to strike a balance between accountability and rehabilitation. By considering the age of the child and the seriousness of the offense, the court aims to make well-informed judgments on whether trying the child as an adult is appropriate.
Can every child be under the jurisdiction of the Juvenile Court?
There are certain serious circumstances in which the criminal court, and not the Juvenile Court, has jurisdiction over a child right from the beginning.
If your child falls into any of the following six situations, they will not be under the jurisdiction of the Juvenile Court:
- If your child has a prior conviction for a criminal offense.
- If your child, aged 16 or 17, is accused of murder or attempted murder.
- If your child, aged 16 or 17, is accused of sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim, and they have a prior delinquency that would be a
- felony if committed by an adult.
- If your child, aged 16 or 17, is accused of an offense or attempted offense involving the use or threatened use of a firearm, and they have a prior delinquency that would be a felony if committed by an adult.
- If your child, aged 16 or 17, is accused of a category A or B felony, but the police did not identify your child as a suspect until they reached 21 years old, or they were not identified and charged until they reached
- 20 years old and 3 months.
- If your child is accused of a felony that resulted in the death or substantial bodily harm of a victim while on the property of a public or private school, during a school-sponsored activity, or on a school bus engaged in official duties. Additionally, your child must have intended to create a significant risk of death or substantial bodily harm to more than one person using a weapon, device, or course of action typically hazardous to multiple individuals.
Unless a child’s situation falls into one of these specific categories, all children below 18 years old who are arrested initially enter the Juvenile Court system. As mentioned earlier, there are circumstances where the judge has the discretion to certify a child as an adult, and there are also situations where it is presumed that a child will be certified as an adult.
What is the outcome when my child is accused of multiple charges?
If a single charge against your child is moved from juvenile court to criminal court, all of their other delinquency charges will also be transferred.
Is it possible to transfer certified cases back to juvenile court?
Certified cases can potentially be transferred back to juvenile court, but it requires demonstrating exceptional circumstances to justify the transfer1. Some examples of exceptional circumstances include instances where there was a judicial error or prosecutorial misconduct that prejudiced the child’s right to a fair trial, as well as cases where the child’s original attorney or public defender provided ineffective assistance of counsel1. In such situations, a petition would be filed to request the transfer back to juvenile court, arguing that it would be in the best interest of the child and that subjecting them to the adult criminal justice system at a young age would have long-term negative consequences and fail to serve the public good.
However, it’s important to note that if any of the six exceptions listed regarding the transfer from criminal court to juvenile court apply, the child cannot be transferred back, and the criminal court retains jurisdiction over the case, even if the child was under 18 at the time of the alleged offense.
Do the penalties vary between juvenile court and criminal court?
The penalties in both juvenile court and criminal court can include detention, community service, fines/restitution, and driver’s license revocations. However, juvenile court typically imposes less severe sentences compared to criminal court, as its primary focus is on rehabilitating the juvenile rather than punishment.
In juvenile court, if your child is found delinquent, the most severe outcome would be a term in juvenile hall along with continued education. On the other hand, if your child is certified and convicted as an adult in criminal court, they may face incarceration in county jail or state prison.
It’s worth noting that if a minor is convicted of a crime in adult criminal court, their youth can work to their advantage. The judge has the discretion to reduce their mandatory minimum sentence by 35%.
What happens to my child’s record?
Typically, juvenile court records are automatically sealed once your child reaches the age of 21. Having a clean record as an adult can greatly enhance their chances of securing employment, education, housing, professional licenses, and loans.
In contrast, adult criminal records often cannot be sealed until several years after the case is closed, and some convictions remain on the record permanently. Therefore, if your child’s juvenile case is transferred to criminal court and they are convicted, they may face significant obstacles in terms of future opportunities due to a lingering criminal record.
The significance of the criminal record issue is one of the main reasons why it is important to advocate for keeping cases in juvenile court. The ultimate goal is not only to seek more lenient penalties but also to minimize any long-term consequences for your child’s future life prospects.
Understanding the circumstances under which a juvenile can be tried as an adult in Nevada is crucial for both parents and guardians alike. As ATAC LAW, we aim to provide valuable insights into the legal complexities surrounding such cases. We believe that safeguarding the best interests of your child requires comprehensive knowledge of the laws and procedures involved. By staying informed and seeking the guidance of experienced legal professionals, you can navigate the legal system effectively, ensuring the protection and future well-being of your child.
