Juveniles Being Charged as Adults in Minnesota Criminal Court: A Case Analysis
The recent sentencing of a 17-year-old who admitted to fatally shooting a woman in St. Paul's Payne-Phalen neighborhood, has reignited the debate surrounding juveniles being charged as adults in Minnesota criminal court. In this article, we will explore the circumstances under which juveniles can be tried as adults in Minnesota, the criteria for adult certification, and alternative measures that might be employed to handle such cases. If you have a child who is charged with a crime in juvenile court and face possible adult certification, make sure you consult with an experienced Minnesota criminal defense attorney.
“Some cases come with a presumptive certification as an adult and the Courts aren’t messing around.”
Can Juveniles Be Charged as Adults?
The short answer is yes. In Minnesota, juveniles as young as 14 can face adult criminal prosecution, depending on the circumstances and the charges they are facing. Prosecutors in the state are known to vigorously pursue adult certifications for certain types of crimes, particularly those involving sex offenses and violent acts. It is imperative for parents or guardians of children facing serious charges to consult an experienced Minnesota criminal defense attorney and a Board Certified Criminal Law Specialist to understand the potential implications. Jack Rice Defense is here to help.
Which Cases Result in Adult Certification?
When determining whether a juvenile should be certified as an adult, the court assesses several factors. Key considerations include the nature of the offense, whether it is a dangerous offense such as criminal sexual conduct or serious assault, whether a weapon was involved, the felony level of the charge, and whether the offense carries a presumptive prison sentence for an adult defendant. While each case is unique, these criteria help guide the court's decision-making process.
Certification and Burden of Proof:
To certify a juvenile as an adult, excluding cases of first-degree murder, the court must establish by clear and convincing evidence that it is in the public interest to try the child in the adult criminal court system. The burden of proof varies based on the age of the child. If the child is 14 or 15, the presumption is to keep the case in juvenile court, with the state having the burden to dispute this presumption. However, once the child reaches 16 or 17, the burden shifts to the defense to challenge the presumption and prevent the case from being moved to adult criminal court.
Exploring Alternative Solutions:
Extended Juvenile Jurisdiction While adult certification may be sought for serious offenses, there is an alternative approach called extended juvenile jurisdiction. This mechanism gives the court the ability to maintain jurisdiction over a child until they turn 21, rather than ending the jurisdiction at age 18. Under this approach, the child would receive both a juvenile court sentence and a stayed adult court sentence. If the child fails to comply with the conditions of their juvenile court sentence, the court can impose the adult court sentence, potentially resulting in incarceration in an adult prison. Extended juvenile jurisdiction serves as a deterrent and encourages accountability.
Seeking the Best Legal Representation:
If your child is facing charges such as rape, sexual molestation, or serious felony assault with weapons, they may be at risk of adult certification. In such cases, it is crucial to consult a Minnesota Board Certified Criminal Law Specialist and criminal defense attorney, such as Jack Rice of Jack Rice Defense. With his extensive experience as a former prosecutor, a former U.S. CIA Officer, and a nationally recognized criminal defense attorney, Jack Rice can provide the guidance and strategic legal representation needed to protect your child's rights.
Conclusion:
The sad case of this 17 year old in the Payne-Phalen neighborhood highlights the contentious issue of juveniles being charged as adults in Minnesota criminal court. Understanding the factors that contribute to adult certification, such as the seriousness of the offense and the age of the child, can help parents and guardians navigate this complex legal landscape. Considering alternative measures like extended juvenile jurisdiction provides an opportunity for rehabilitation while maintaining accountability. Seeking the expertise of a skilled criminal defense attorney is essential in ensuring the best possible outcome for your child's case. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, make sure Jack Rice Defense is by your side.
Jack is a nationally recognized and award winning criminal defense lawyer, awarded Minnesota Super Lawyer for 2023, Among the Best Lawyers of 2022, winner of the Minnesota Attorney of the Year Award for 2021 and founder of Jack Rice Defense. He was awarded the Professional Excellence Award from the MSBA for 2020, and is an MSBA Board Certified Criminal Law Specialist. He is also a former Prosecutor and a former U.S. Central Intelligence Agency Officer. This St. Paul Criminal Defense Lawyer has decades of experience successfully representing thousands of clients facing everything from Sex Crimes, Child Pornography, Domestic Assault to DWI to Murder to other serious criminal charges.
jack@jackricelaw.com
(651) 447-7650