Q: Can my 17 yr old grandson who is in juvenile detention since 02-16-2018 and turns 18 tomorrow be now tried as an adult?
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- Tennessee
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A: Yes and it is likely. The Juvenile Court holds a Transfer Hearing and then sends the Case to the Circuit Criminal Court. Possibly the Juvenile Court might want to retain jurisdiction. Hire a competent attorney immediately.
Lawrence James Arnkoff agrees with this answer
A:
A number of crimes committed by juveniles may lead to them being tried as an adult. The fact that he is turning 18 while in detention is not the determining factor. What will likely happen is that he will be moved to an adult detention facility when he turns 18 unless the case is disposed prior to his birthday. Adults are not housed with juveniles.
If the state wants to have him tried as an adult, a hearing will be held to make that determination. Because the alleged crime occurred while he was still a juvenile, he could be tried and sentenced as a juvenile, even after his 18th birthday. However, if his crime is such that the court finds he should be tried as an adult, he will face trial as an adult.
A: It depends on what the charges are and when the charges occurred. The DA will have to seek transfer from juvenile court to adult court before he can be tried as an adult. The fact that he is turning 18 does not change the offense until the juvenile court decides on transfer.
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