Children Are Not Adults, Don't Let The Prosecution Treat Them Like They Are
Children can be charged as an adult and tried in an adult court. This is particularly serious because the juvenile corrections system is based on rehabilitation, but the adult corrections system is based on punishment. A child will be charged as an adult in court after a declination hearing. The child may be transferred to the adult court if the juvenile court finds that it is in the best interests of the child or the best interests of the public. Juvenile cases are often sent to the adult court system because someone has argued that the child is so dangerous or the offense was so heinous that it is in the best interests of the public for the case to be transferred to adult court. A 16 0r 17 year old can be automatically sent to the adult court, if they are charged with certain violent crimes.
If a child is charged with any violent crime or any sex crime, or if the child is 16 or 17, there is a good chance that the prosecutor will seek to have the case moved to adult court. One of the most important roles of a juvenile criminal defense attorney is to keep a case in juvenile court.
