My son is being charged with a 2nd degree felony and was 16yrs old at the time the incident occurred, 09/2019. He was just recently booked on the charge but as an adult as he is now 17yrs old. Birthday in late Dec.
What determines how the courts will proceed with charging him? Does the decision lean more towards the age at the time of the incident or the age when arrested?
1 Answer from Attorneys
His age at the time of the alleged offense controls whether he is treated as a juvenile or an adult. Based on your information, the case, if filed, must be filed before the juvenile court. The fact that he is now 17 has some effects on what sentences/punishment that can be imposed. In order to treat him as an adult, the prosecutor would have to seek to have him certified to stand trial as an adult which requires a formal hearing, or they would need to seek what is called a "determinate sentence." Some offenses do not qualify for a determinate sentence.
You should consult with a Board Certified Criminal Law Specialist, or Specialist in Juvenile law for further guidance on this issue.
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