Can Minors Face Adult Charges? Understanding the Legal Possibilities in Minnesota
In Minnesota, the prospect of a minor facing adult criminal prosecution is a possibility, especially for children aged 14 or older. While the process of "adult certification" involves certain criteria and varies depending on the age of the child, Minnesota prosecutors are actively seeking to transfer certain cases to adult courtrooms and pursue adult sentences. It is crucial for parents or guardians of children facing serious charges to seek guidance from an experienced Minnesota criminal defense attorney to understand the potential implications.
“Frequently, it is violent offenses that are the most likely to be certified into adult court. If its coming, you have to be prepared.”
A recent case involving a 14-year-old charged with stabbing two classmates in a North Carolina high school. According to officials, a fight broke out on Monday morning, resulting in a stabbing that claimed the life of a 15-year-old student and left a 16-year-old hospitalized with non-life-threatening injuries. While this is a sad case, it highlights a circumstances in Minnesota that might result in an adult certification effort by the government.
Understanding the Criteria:
When a child aged 14 or older is involved, the court considers specific criteria to determine if adult certification is appropriate. The court looks at whether there is enough evidence to establish probable cause of a felony-level offense committed by the child and if handling the case in the adult court system would better serve public safety. If these conditions are met, the case can be transferred to adult court, treating the child as an adult defendant.
Criteria considered by the court include:
Is the offense considered dangerous? This includes criminal sexual conduct charges, serious assault charges, and similar offenses.
Does the offense involve the use of a weapon?
Is the charge categorized as a felony?
If the child were an adult, would the felony carry a presumptive prison sentence?
Certification and Shifting Burden:
In most cases, the court must determine by clear and convincing evidence that it would be in the public interest to try the child in adult criminal court, except in first-degree murder cases. The burden of proof for clear and convincing evidence differs based on the age of the child. For children aged 14 or 15, the presumption is that the case should remain in juvenile court, with the state having the burden to rebut this presumption. For those aged 16 or 17, the burden shifts, and the presumption is that the case will move to adult criminal court, with the defense having the burden to refute this presumption.
Extended Juvenile Jurisdiction:
Apart from seeking adult certification for sex crimes and violent offenses, experienced Minnesota criminal defense attorneys may explore another option called extended juvenile jurisdiction. This approach allows the court to maintain jurisdiction over the child until they reach the age of 21, instead of ending at 18. Under this jurisdiction, the child faces both a juvenile court sentence and a stayed adult court sentence. If the conditions of the juvenile court sentence are not met, the court may impose the adult court sentence, potentially leading to incarceration in an adult prison until the age of 21. This may be a great option but it also comes with serious exposure.
Consult an Experienced Criminal Defense Attorney:
If your child is facing serious charges such as rape, sexual molestation, or felony assault involving weapons, adult certification is a possible outcome. It is crucial to consult with a Minnesota Board Certified Criminal Law Specialist and a skilled criminal defense attorney like Jack Rice. With his experience as a former prosecutor, U.S. CIA Officer, and a nationally recognized criminal defense attorney and Founder of Jack Rice Defense, Jack Rice can provide the guidance and support needed to navigate through the complexities of the legal system.
“Sometimes, its easy to assume a juvenile charge is kid stuff. It may not be.”
Conclusion:
In Minnesota, the possibility of minors facing adult charges is a reality for children aged 14 or older involved in serious offenses. Understanding the criteria, burdens of proof, and available options is essential for parents and guardians seeking the best defense for their children. Consulting with an experienced Minnesota criminal defense attorney can help determine the most appropriate legal strategy to protect the rights and future of the child in question. Contact Jack Rice Defense for a free consultation at 651-447-7650 or 612-227-1339.