When a minor is accused of a criminal offense, the case will typically be tried in juvenile court as a civil matter, with penalties intended to correct their behavior before they reach their majority. However, in some instances, the prosecutor may decide to try someone under the age of 18 in criminal court as an adult. The guide below explains what might prompt this decision.

What Is Juvenile Court?

Juvenile court is designed to rehabilitate young offenders, rather than sending them to prison. These cases aren’t tried in front of a jury. Instead, they are decided solely by a judge after each side has had an opportunity to present their evidence and cross-examine witnesses. If convicted, the defendant may have to attend therapy, perform community service, or complete a special court-ordered diversion program.

When Are Cases Transferred to Criminal Court?

In some states, violent youthful offenders and those convicted of previous offenses may automatically be transferred to criminal court. Other jurisdictions, such as Nebraska, leave the decision at the discretion of the prosecutor and judge, who consider the child’s background and psychological profile, their age, and the nature of the offense, among other factors. If they determine that rehabilitation is unlikely to be successful or they represent a threat to public safety, the court will typically waive the case into the criminal justice system. And while this is not often a hoped-for outcome, it does guarantee the minor the right to present their case before a jury, which may be more sympathetic to their circumstances.

Since 1984, the team at Kleveland Law Offices has provided insightful, aggressive representation to defendants throughout the Lincoln, NE, area. With their in-depth understanding of the criminal and juvenile court systems, they’ll do everything in their power to achieve the best possible outcome for your case. Visit their website for more on their defense services or call (402) 477-7776 to schedule a consultation today.