If my Child is Charged with a Crime in Minnesota, Can They be Charged as an Adult?
In some cases, the answer is . . . absolutely. If your child is 14 or older, it is possible that they could face an adult criminal prosecution. While it is technical, it applies to certain types of allegations and the burden for “adult certification” actually shifts depending upon the age of the child. However, Minnesota prosecutors absolutely will attempt to move certain cases into adult courtrooms and seek adult sentences including adult prison. These offenses frequently apply to sex crimes and serious crimes of violence. If your child is facing serious charges in a Minnesota courtroom, it is critical that you sit down with an experienced Minnesota criminal defense attorney and Board Certified Criminal Law Specialist to determine if this could happen to your child.
What kinds of cases are we talking about?
If your child is 14 or older, there are certain criteria the court looks at to determine if certification is appropriate. There would be a contested hearing in which the Court would have to determine if there is probable cause to believe the child committed a felony-level offense and if there is clear and convincing evidence that public safety is better served by handling the case in the adult court system. If so, it can be certified to the adult court for prosecution and your child can be treated like an adult defendant.
Generally, the Court looks at:
Is this a dangerous offense? Dangerous offenses include most criminal sexual conduct charges, serious assault charges or more;
Does the offense involve a weapon?;
Is the charge a felony?;
Does that felony come with a presumptive prison commit is this person were an adult?;
Certification and a Shifting Burden
In order for Certification to happen, except in First degree murder cases, the Court must determine by clear and convincing evidence that demonstrates that it is in the public interest to try the child in adult criminal court. At this point, the jurisdiction would then shift from juvenile court to adult criminal court.
When it comes to the burden to prove clear and convincing evidence, this is based upon age. If you are child is 14 or 15, the presumption is that the case should remain in juvenile court and the State has the burden to rebut this presumption. Once that same child turns 16 or 17, the burden shifts and the presumption is that the case will move into adult criminal court and the burden is on the child’s defense to rebut this presumption.
The Hybrid Approach - Extended Juvenile Jurisdiction
While prosecutors may regularly seek Certification on sex crimes and other violent offenses, there is another option that an experienced Minnesota criminal defense attorney may be able to employ, extended juvenile jurisdiction. Essentially, this would allow the Court to extend jurisdiction over the child until they are 21 rather than stopping at 18. The way it works is that that child would face both a juvenile court sentence and a stayed adult court sentence. If the child fails to fulfill the conditions of their juvenile court sentence, the court may impose that adult court sentence. If this happens the child could end up in an adult prison and this hangs over their head until they are 21.
Go with the Best
If your child is facing rape charges, sexual molestation charges or other serious felony assault charges involving weapons, they may very well face adult certification. Because of this, it is critical that you sit down with a Minnesota Board Certified Criminal Law Specialist and criminal defense attorney.
Jack Rice is the Founder of Jack Rice Defense. He is a former prosecutor, a former U.S. CIA Officer, a Board Certified Criminal Law Specialist and a nationally known Minnesota criminal defense attorney. Contact Jack Rice Defense for a free confirmation consultation or call 651-447-7650 or 612-227-1339.