Will I Be Charged as an Adult for Crimes Committed as a Minor?

Question from Bonez, Will I Be Charged as an Adult for Crimes Committed as a Minor?

Answer from AI:

If you committed burglary offenses while you were underage but were not apprehended until you turned 18, whether you will be charged as an adult depends on several factors, including the specific laws of the state where the crimes occurred and the details of your case.

Factors Influencing Juvenile vs. Adult Charges

In the United States, the juvenile justice system is designed to handle offenses committed by individuals under the age of 18. However, there are circumstances where a minor can be charged as an adult. Here are some key factors that might influence this decision:

• Age at the Time of the Offense: Generally, the age at which the crime was committed is crucial. If you were under 18 when the burglaries occurred, you might initially be processed through the juvenile system.
• Severity of the Crime: Serious crimes, such as violent felonies, are more likely to be transferred to adult court. Burglary, depending on the circumstances, can be considered a serious offense.
• State Laws: Each state has different laws and thresholds for transferring juvenile cases to adult court. Some states have automatic transfer laws for certain crimes.
• Prosecutorial Discretion: Prosecutors have the discretion to request that a juvenile be tried as an adult, especially if they believe the crime warrants it.
• Prior Record: A history of previous offenses can influence the decision to charge a juvenile as an adult.

Legal Process and Considerations

If the state decides to charge you as an adult, the process typically involves a transfer hearing where a judge will consider various factors before making a decision. Here are the general steps:

1. Arrest and Initial Hearing: After your arrest, you will have an initial hearing where the charges are presented.
2. Transfer Hearing: If the prosecution seeks to try you as an adult, a transfer hearing will be scheduled. During this hearing, the judge will consider factors such as the nature of the crime, your age, and your criminal history.
3. Decision: The judge will decide whether to transfer your case to adult court or keep it in the juvenile system.

Potential Consequences

Being charged as an adult can have significant consequences, including:

• Harsher Sentences: Adult courts can impose more severe penalties, including longer prison sentences.
• Criminal Record: Convictions in adult court result in a permanent criminal record, which can impact future employment, education, and housing opportunities.

When to Seek Legal Advice

Given the complexities and potential consequences of your situation, it is crucial to seek legal advice. A qualified attorney can help you understand your rights, the charges against you, and the best course of action. They can also represent you in court and advocate on your behalf.

Resources and Further Reading

For more information, you can refer to the following resources:

• Office of Juvenile Justice and Delinquency Prevention (OJJDP)
• Cornell Law School – Juvenile Law

Remember, this information is intended to provide a general understanding of the legal process. For personalized advice, always consult with a legal professional.