The decision to try a juvenile as an adult can be made by the prosecutor, the judge or can be determined by the type of charges filed.
When the prosecutor designates that a juvenile be tried as an adult, the court will look at several factors when deciding to approve the petition, including:
The seriousness of the crime;
The juvenile’s culpability (or amount of involvement);
The juvenile’s prior records;
The adequacy of punishment in the juvenile system
When the judge designates that a juvenile be tried as an adult, the court determines that it is in the best interest of the public that the juvenile be tried as an adult.
Certain types of cases, when committed by a juvenile, are automatically designated as adult criminal cases.
burning of a dwelling house
assault with intent to commit murder
assault with intent to maim
assault with intent to rob while armed
attempted murder
first-degree murder
second-degree murder
kidnapping
first-degree criminal sexual conduct
armed robbery
carjacking
robbery of a bank, safe, or vault
possession, manufacture, or delivery of, or possession with intent to manufacture or deliver, 1,000 grams or more of any schedule 1 or 2 controlled substance
assault with intent to do great bodily harm less than murder
first-degree home invasion
escape or attempted escape from a medium security or high security facility operated by the Department of Human Services or a high-security facility operated by a private agency under contract with the Department of Human Services
Call Daniel Ambrose on his cell phone at (248) 808-3130 or email him at Daniel@ambroselawgroup.com.
Call Jill Duffy on her cell phone at (248) 736-7306 or email her at jill@ambroselawgroup.com.
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