When a juvenile is arrested in Missouri, they and their parents are worried about how it will affect their future. Often, they are somewhat relieved when considering the juvenile justice system and how it takes a different viewpoint for criminal accusations that the adult courts do.
However, there are times when the crimes are deemed serious enough that the juvenile will be tried as an adult. Knowing when this might happen is a key part of deciding on an effective defense strategy.
The crime and its severity dictates how a juvenile is treated
Missouri considers people under 17 to be juveniles. Therefore, for many alleged crimes, they will be subject to juvenile justice. They have the same rights as an adult when they are arrested. For minor crimes like shoplifting, the case will generally be tried in juvenile court with a focus on the juvenile’s home life, their past and the preference to provide treatment, avoiding harsh penalties.
For more severe crimes of violence, sexual assault, grand theft and those that are drug related, they could be tried as an adult from age 12. For example, first or second-degree murder would likely result in the juvenile being charged as an adult. Still, other factors are taken into account when the court decides whether to try the juvenile as an adult or not.
The court will assess if there are mitigating circumstances, look at their past behaviors, gauge how severe the crime is, think about programs that would help the juvenile, and make an assessment of their maturity. If they are found to be treatable or simply made a bad mistake that resulted in a felony charge, there is a chance that they can still be tried as a juvenile and avoid the substantial penalties that frequently accompany a conviction on adult charges.
A strong defense is crucial for younger people
Any type of arrest and criminal charge can be problematic for a young person. Their entire future can be hindered by one terrible mistake. It can negatively impact their education, employment and other objectives. When they are charged as an adult, it is exponentially worse.
Fortunately, there are ways to fight any charge with a comprehensive criminal defense. For those confronted by the possibility of being charged as an adult, the first step is to try and keep the case in juvenile court. Parents, guardians and the juvenile need to know the challenges they will face and prepare to fight the charges.