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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.