Minnesota Juvenile Court is Not Child’s Play. It can end with an Adult Conviction

He was 15 years old, really just a kid. Like most kids, he rarely looked beyond the moment and assumed he’d live forever.  That’s all of us at the time, right? For some reason, probably a stupid one, he got into a fight with another kid and that other kid got hurt so the police got involved and this 15 year old was charged. That was it. After that case resolved, he never had any contact with the police again so you would assume that was it. Not even close. That 15 year old had a bb gun at the time and was charged and then ultimately certified as an adult That’s right. He carried that conviction into adulthood and still has it. There are a lot of charges that can put a child in the crosshairs of the police and the Court for certification and it is much easier than many people believe.  If this may be a possibility, you need a juvenile crimes lawyer. Jack Rice is a St. Paul based juvenile crimes lawyer.

What are the requirements for the Juvenile Court to certify a child as an adult if they are between 14 and 17?

• The child is alleged to have committed an offense that would have been a felony charge if committed by an adult. (Stealing a phone can rise to this level);

• The State has to file a petition seeking certification;

• The Court sets a hearing date to determine whether certification is appropriate;

• The Court must find whether there is probable cause that the child committed the offense;

• The State has the burden to convince the Court by clear and convincing evidence that it doesn’t serve public safety to keep the case in juvenile court and that it should be certified as an adult charge.

• If the child fails to overcome that presumption, the Court may then certify it and send it to adult court. If this happens, the conviction will follow the child into adulthood.

What about if that child is 16 or 17 and the charges are more serious?

The circumstances can change dramatically if that child reaches their 16th birthday before the date of offense and the charges are more serious. The difference is the burden shifts to the child to convince the Court why the charge should not be certified as an adult conviction. In other words, it is assumed that the charged will be certified. The child must then overcome the presumption by showing by clear and convincing evidence that keeping it in juvenile court serves public safety.  The requirements are pretty specific.

• The child is 16 or 17 at time of offense;

• The petition alleges that the conduct would have been a presumptive prison commit if it had been an adult conviction (this is more common than you think) or

• The child was brandishing, displaying, threatening with, or likewise employing a firearm. (This can include a bb gun.)

What factors does the Court look at to determine certification?

The Court looks at the question of public safety and uses a 6 part test.  The Court generally gives far more weight to the seriousness of the charge and prior record of delinquency.

• The seriousness of the charge, whether a gun was involved and impact on a victim;

• Culpability of the child;

• The Child’d prior record if any;

• Whether the child has had any mental health, chemical dependency or other treatment programming and considers willingness to go to treatment;

• Whether there is sufficient time and options for juvenile punishment;

• Other dispositional options available.

Jack Rice Defense Can Help You Navigate this Process.  

We all pour so much of ourselves into our children. We do it for love and for the hope that they can become anything, everything. Of course, there are always bumps along the way when they are kids and trying to find their way. The problem with certification is that they are stopped from doing all of these before they are even started. Imagine them having to explain this in five years? How about ten? Twenty? What does this do to the future? College? Career? Relationships?  Everything.

Juvenile offenses can be extraordinarily complex because of the certification question let alone the underlying charges. As a result, it is critical that you consult with an experienced juvenile crimes lawyers and Board Certified Criminal Law Specialist. Give Jack Rice a call and sit down for a free consultation. He is a Board Certified Criminal Law Specialist, is St. Paul juvenile crimes lawyer , as well as former prosecutor who handled serious juvenile cases. When it is this important, go with the best.