Criminal Defense: Virginia’s Juvenile-Adult Trial Age
Criminal Defense is primarily concerned with collecting and assessing evidence before and during trial for juveniles. It involves formalized presentation of that evidence and the cross-examination of police, victims, witnesses, and witnesses.
What determines if a juvenile goes to trial as an adult? The laws of most states are clear: the offender’s age, the crime committed, and whether the juvenile was at least 14 years old. The court in each case can send a case to adult court or allow a case to stay in the juvenile system.
As you can see, hiring a criminal defense lawyer at The Irving Law Firm early on in the court process is paramount when it comes to the adult trial of juveniles. Doing so gives you and your legal counsel the best possible chance of establishing an appropriate defense strategy as your case progresses.
Common Juvenile Crimes
Juvenile crimes are reasonably common whether a child participates in shoplifting, theft, vandalism, or assault. Parents will find that dealing with juvenile charges is difficult enough without avoiding the proper legal steps after a charge has been filed.
Since their brains are still developing and they lack experience in making responsible decisions, children and teenagers often act rashly. Ordinary acts of delinquency committed by adolescents can often be traced back to peer pressure, societal norms, and inward turmoil.
Intentional Damage To A Property
Intentional damage to someone else’s property is the essence of vandalism. Typical forms of destruction among juvenile offenders include:
- Tags and graffiti.
- Car theft using keying.
- Tire cutting.
- Using a hammer to smash windows.
- Postal service delivery.
- Vandalism of private property.
Stealing
When minors steal, it is usually considered “petty larceny,” meaning the stolen goods’ value is $500 or less. Theft offenses of a more severe nature, such as grand theft of a vehicle, may be tried in an adult court or carry substantially worse penalties than a minor theft.
Possession & Abuse Of Illegal Substance
Youth offenders also use alcohol, drugs, and drug paraphernalia. Underage possession and use of these substances are illegal and typically lead to substance abuse therapy, rehabilitation, penalties, or further punishment.
Assault
Fistfights are common among youth. Offenders may be charged with simple assault. Any conduct that threatens or harms another person is considered “simple assault” in most states. Aggravated attacks are tried as adults.
Sexual Abuse
Some minors commit sexual offenses. Regrettably, young offenders commit other child sex crimes besides sexual abuse and assault because they lack adult judgment.
Juvenile crime charges can be terrifying for the offender and their family. You’ll need help from a criminal defense lawyer navigating the juvenile justice system if you’re charged with a juvenile offense.
Juveniles can use adult courts and prosecutors. A judge may try juvenile offenders in juvenile court even if state law classifies them as adults. Even without adult charges, juveniles can be tried in adult court. In line with this, it is important to know the criteria for the adult trial of juveniles.
Criteria For Adult Trial Of Juveniles
Upon reaching the majority, a minor, 18 in most states, but 14 in Virginia, will be tried as an adult. Consequently, a juvenile’s age is the primary determinant in determining whether they are tried as adults, barring any state legislation to the contrary. It’s important to remember that each state has its legal age of majority.
Minor tried as an adult under state law may face various issues, such as high potential sentences if charged with the offense. However, even though juvenile law has no power to push the offender out of their responsibility, the minor tried as an adult law is getting well-known, especially since many teenagers are being arrested in connection to violent crimes.
The impact also involves social implications for the juvenile, who may be unwilling to accept these consequences yet wants to regain freedom and move on with her life.
Criminal Defense For Juveniles
Understanding the fundamental distinctions between juvenile and adult judicial proceedings is vital in juvenile criminal law. Lawyers who focus on juvenile criminal defense cases will be well-versed in the numerous rights and safeguards afforded to juvenile criminal defendants and the potential penalties they may face if found guilty.
At times, a juvenile criminal defendant has a better chance of receiving a fair trial and appropriate punishment if their attorney knows juvenile criminal law and court proceedings.
Summary
A considerable debate is currently raging in the legal world over whether or not juveniles should be tried as adults. It is a complex issue with many facets and no easy answer.
Several things determine it—first, crime severity. Violent juveniles are more likely to be tried as adults. Second, the juvenile’s age. Juveniles near 18 are likely to be tried as adults. Third, the juvenile’s criminal background.
In conclusion, it is vital to seek professional help when defending against charges as an adult for a crime you committed as a juvenile. The consequences of a conviction can be significant, and an experienced criminal defense attorney will understand how to defend your case best. At The Irving Law Firm, they have extensive experience defending against these types of charges, and they can help you understand your rights.
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