As a minor, can I be transferred from juvenile court to adult court?

UPDATED: Jul 12, 2023Fact Checked

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption

Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

UPDATED: Jul 12, 2023

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

UPDATED: Jul 12, 2023Fact Checked

In most jurisdictions, the two ways in which a juvenile case can be tried in adult court are through the certification process, also known as the waiver process or fitness process, or through automatic transfer. Most of the time, criminal cases involving defendants under the age of 18 are initiated in juvenile court. When the circumstances warrant it, however, the district attorney’s office can petition the court requesting that the case be transferred to adult court through the certification process.

Once the petition requesting transfer is filed, a hearing is scheduled before a juvenile court judge to review the case. Based on factors such as the seriousness of the current charges, the juvenile’s age, prior contacts with the criminal justice system, and the potential for the defendant’s rehabilitation in the juvenile court system. If the judge decides there is probable cause justifying the district attorney’s request, the case will be transferred to adult court.

Alternatively, many states have statutes that authorize the automatic transfer of a case involving a juvenile defendant to adult court under certain circumstances. For example, in Pennsylvania, a juvenile 15 years of age or older can automatically be tried in adult court where the offense is a certain type of serious felony and a deadly weapon was used during the commission of the crime. Although the case is filed from the beginning in the adult court system, the juvenile still has the right to try to get it transferred back to juvenile court. This process, often known as reverse certification, is essentially the same process used when attempting to get a case that was initially filed in juvenile court transferred to adult court. Many states exempt certain lower-level crimes like summary offenses (i.e. traffic violations) from being covered under the Juvenile Act, in which case, regardless of the age of the defendant, they are always dealt with in adult court.

Case Studies: Juvenile Court Transfers and Exemptions

Case Study 1: Juvenile Court Transfer to Adult Court through Certification Process

John, a 17-year-old defendant, faces serious criminal charges. The district attorney petitions the court to transfer his case to adult court. Factors like the charges’ severity, John’s age, criminal history, and potential for rehabilitation in juvenile court are considered. If probable cause is found, the case moves to adult court.

Case Study 2: Automatic Transfer of Juvenile Case to Adult Court

Sarah, a 15-year-old, commits a serious felony with a deadly weapon. The case automatically goes to adult court due to state statutes. However, Sarah can seek transfer back to juvenile court through the reverse certification process.

Case Study 3: Exemption of Certain Crimes from Juvenile Act

Mark, regardless of age, faces adult court for summary offenses like traffic violations due to exemptions under the Juvenile Act. This case explores the impact of these exemptions on the juvenile justice system.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption

Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption