Legal Strategies for Juveniles Tried as Adults in Arizona

Has Your Child Been Charged With a Crime?

It is only natural that you want to protect your child from the cruelties of the world, even when they mess up. You want them to become a good, productive member of society, and you may even think they should be punished for their misgivings, but as an adult? That just doesn’t seem right.

The good news? The Turner Law Firm is here to help you and your minor child or family member navigate this situation. Our law firm has criminal defense attorneys who can help you understand your legal options and who aren’t afraid to take on bully prosecutors who want to put your child away to maintain their prosecution numbers, not to rehabilitate.

Call 623-253-8718 to schedule a consultation with a criminal defense attorney with the experience needed to defend your child.

Why Would a Child Be Tried as an Adult?

As a parent, you likely can’t think of anything that would warrant a child being tried as an adult, and most people would agree with you. That doesn’t stop prosecutors from doing it, though.

Juveniles are most often tried as adults for the following reasons:

Severity of the Crime

Violent felonies, like murder, attempted murder, rape, and certain assault and battery charges often trigger adult prosecution. Courts will consider whether the offense shows a level of premeditation, cruelty, or the use of a deadly weapon.

Age of the Juvenile

It may seem incredibly unfair, but some courts simply take a “close enough” approach to prosecuting children. In Arizona, juveniles between 15 and 17 years of age may be tried as adults for certain violent crimes. Still, ultimately, a prosecutor can choose to pursue adult-level punishments for any range of felonies.

Some crimes may even see children as young as 14 years old being tried as adults.

Juvenile Record

Juveniles with a history of repeat offenses or prior violent crimes increase the likelihood of adult prosecution. This is an extreme measure courts take when they believe rehabilitation meant for children just isn’t working.

Statutory Exclusions

Some crimes see juveniles tried as adults because the law simply states they must be. Things like first and second-degree murder, forcible sexual assault, and chronic felony offenses are coded to be adult-only trials.

When Will You Find Out If Your Minor Child Is Being Tried as an Adult?

It can feel maddening to be left wondering if your child is going to be charged as an adult or as the child that you see them as. In the case of certain crimes, the prosecutor may choose to file charges for a 15-17-year-old’s crimes in an adult court from the beginning. In this case, you will know if your child is being tried as an adult from the initial complaint or indictment.

In some cases, the trial may start out in juvenile court and then be transferred to adult court via a judicial waiver hearing. When a judicial waiver is granted, the case is moved to adult court, and the juvenile is then officially treated as an adult. You will be notified of the change following the hearing, either directly from the prosecutor or in a court order.

If you are worried about your child’s future, don’t wait to find out what venue will try them to call a criminal defense attorney. Call 623-253-8718 to schedule a consultation with a criminal defense attorney who can start building a defense to protect your child as soon as possible.

What Are Common Defenses for Juveniles Tried as Adults?

There are a variety of defenses your criminal defense attorney may use to protect your child. 

Challenging the Transfer

A defense attorney may argue that the juvenile is amenable to rehabilitation and should remain in the juvenile system. They may also argue that the prosecutor or court skipped required steps or deadlines in the transfer process, which may invalidate the transfer.

Lack of Intent

Minors often lack the mental maturity or capacity to form criminal intent, especially for complex or premeditated crimes. This may reduce the charge, for example, from murder to manslaughter, which would see the minor tried as a child, or have the charges dropped altogether.

Coercion

Many juveniles who commit crimes do so under the influence of older peers. Proving that the minor was coerced or lacked real control over their action can reduce culpability or impact sentencing.

Illegal Search or Interrogation

Like any other trial, the means of searches and interrogation must observe the minor’s constitutional rights. A defense attorney may challenge how certain evidence or information was gained and have ill-gotten evidence suppressed. They will want to know if the juvenile was interrogated without a parent, guardian, or lawyer present, if physical evidence was gathered legally, and if Miranda rights were properly explained in an age-appropriate way.

Mental Capacity

If the child has a diagnosed mental illness, neurodevelopmental disorder, or a history of outbursts, it may be enough to undermine intent and justify lesser charges.

Do You Need a Defense Attorney For Your Minor Child?

You may think the courts and prosecution will go easy on your child or minor loved one because of their age. You are wrong. If tried as an adult, your child will go through the motions of court and be treated the same as an adult.

Don’t risk your child’s future because you hope they will be granted leniency because of their age. Call 623-253-8718 to schedule a consultation with a Turner Law Firm defense attorney. Don’t gamble with your child’s future. Call today.