There are certain cases where juveniles can be tried as adults if their crimes are serious enough. The laws governing this issue can significantly impact the lives of young individuals and their families. If a juvenile is in danger of being charged as an adult, it is very important that you find a criminal defense attorney with the right skill set to defend them.
Our team at John D. & Eric G. Johnson Law Firm will handle your case, protect your rights, and be proactive in building a defense. Reach out to us today to learn more about how we can help.
When Does a Juvenile Become an Adult in Louisiana?
In Louisiana, the distinction between a juvenile and an adult is primarily defined by age. A juvenile is typically considered anyone under the age of 17. However, Louisiana law allows for certain exceptions, whereby individuals as young as 15 can be charged as adults under specific circumstances.
This transition from juvenile to adult status is not merely an age change; it reflects the gravity of the allegations and the perceived maturity of the young person involved. Being charged as an adult carries more severe consequences than being charged in juvenile court. In adult court, individuals face harsher penalties, including longer sentences and a criminal record that can impact future opportunities.
Juvenile cases, on the other hand, are often aimed at rehabilitation rather than punishment. In juvenile court, the focus is typically on the young person’s development and the potential for reform, which can lead to more lenient sentences, such as probation or community service.
Who Decides When to Charge a Juvenile as an Adult?
Typically, it begins with the prosecutor, who evaluates the nature of the crime and the juvenile’s prior record. If the prosecutor believes that the offense is severe enough, they may file a motion to transfer the case to adult court. This decision is often influenced by factors such as the severity of the crime, the age of the juvenile, and any previous offenses that may indicate a pattern of behavior.
After the prosecutor files the motion, a hearing is conducted where both sides present evidence regarding whether the juvenile should be tried as an adult. The judge ultimately decides based on the merits of the case and applicable laws.
What Happens When a Juvenile is Charged as an Adult?
When a juvenile is charged as an adult, the legal proceedings shift significantly. The case is moved from juvenile court to adult court, where the rules and procedures differ markedly. The juvenile will be required to navigate the adult criminal justice system, which can be intimidating and complex. This includes facing arraignment, pre-trial motions, and potentially a jury trial. The stakes are raised considerably when a juvenile is tried as an adult, as they could face substantial prison time if convicted.
What Crimes Will Likely Lead to a Juvenile Being Tried as an Adult?
Certain crimes are more likely to result in a juvenile being charged as an adult in Louisiana. These typically include serious offenses such as homicide, armed robbery, and sexual assault. The legal system views these crimes as particularly egregious, warranting a response that reflects their severity.
Repeat offenders or those who have previously faced charges may also find themselves facing adult charges, as their history suggests a pattern of behavior that the system seeks to address more severely. In general, it takes a severe crime coupled with other factors for the court to seek a transfer. For example, if a defendant commits a violent crime, shows no remorse, and is belligerent in pre-trial proceedings, the chances are much higher of being tried as an adult.
Contact a Juvenile Defense Attorney for Help
The differences between being tried as a juvenile or an adult can have a big impact on the outcome of a case, which is why you want to give the defendant the best chance possible of fighting the charges and a transfer to adult court. For this, reach out to our team today.
John D. & Eric G. Johnson Law Firm is here to help you fight for the best possible outcome. Call our team at (318) 377-1555 or use our contact form.