When a Juvenile's Case Is Tried As an Adult

Minor children in America under the age of 18 are not held criminally responsible for their illegal acts or offences. The American judicial system provides due care and consideration for young offenders – they are tried in a discrete juvenile court and defended by special lawyers for juvenile court Utah.

Moreover, the law provides special protection for the underage lawbreakers like closed hearings and expunging of records when they become an adult. Lawyers for juvenile court Utah will also assure parents of minor offenders that the juvenile court is more rehabilitative in nature as it concentrates on reforming the children rather than unduly punishing them for their ‘crimes’.

However, there are certain exceptions to this leniency. Certain juvenile cases can be ‘waived’ to a normal adult criminal court.

When does a waiver happen?

A juvenile court has the power to transfer a case to the adult court when:

The offense is very serious – like rape or murder.

The minor delinquent is constantly in trouble with the law, has a long history of offenses and is deemed incorrigible or beyond reformation.

Past attempts by the juvenile court to rehabilitate the minor offender have repeatedly proved unsuccessful.

Mandatory waiver statutes require automatic transfer of serious or violent crimes by juveniles (over a certain age) directly into the adult court.

In some states, only juvenile offenders age 16 or older can be waived to an adult court. However, many states have reduced the waiver age to 14 (including Utah) while some states allow minors of any age to be waived to an adult court.

In most cases, judges of juvenile courts have discretionary powers to ‘waive’ the jurisdiction and special protection of the juvenile court by transferring the juvenile case to the adult system.

What happens now?

Irrespective of whether it’s a mandatory or discretionary waiver, the juvenile is entitled to a waiver hearing based on the fact that the juvenile case will be moved to an adult court.

When a juvenile case gets waived to the adult court, the juvenile loses all his special rights and protection. He or she will be tried like any other adult criminal in a public hearing. This includes the setting of bail allowing the offender to leave detention. The defense lawyer can request a jury trial.

How does this effect the offender differently than if it had remained in a juvenile court? There will be no leeway and the juvenile is likely to get harsh dispositions, fines and can even face a life sentence. Many of these offenders end up serving time in an adult correctional facility. There is also no possibility of sealing or expunging the criminal record when the juvenile offender turns 18 either.

Why is this so?

Juvenile crime is steadily increasing and the waiver conditions have been provided to prohibit the youth from taking advantage of the leniency of the juvenile law or feeling secure that they can get away with lighter sanctions and rehabilitative rulings.

Yet, the conditions can vary from one juvenile case to another and also from state to state. Therefore, it is always advisable to contact the law offices of experienced lawyers for juvenile court utah immediately.

The author Juan Pedro is a leading writer on various law related subjects. He specializes in divorce attorney,juvenile law,family law,accident injury law etc.