When Can a Juvenile Be Tried as An Adult in Illinois?

 Posted on August 25, 2023 in Juvenile

The Illinois juvenile justice system is designed to provide rehabilitation and support for young offenders, with the goal of reintegrating them into society as law-abiding citizens. However, there are instances when the severity of a juvenile’s crime may warrant treating them as adults in the eyes of the law. Today, we will explore the conditions under which a juvenile can be tried as an adult in Illinois. If your son or daughter has been arrested for committing a crime, regardless of whether they are being tried as a juvenile or adult, contact a criminal defense lawyer who will aggressively safeguard your child’s rights.

Serious Violent Crimes

In Illinois, the majority of juveniles 17 or under are tried in juvenile court for whatever offense they are alleged to have committed. However, certain felonies, such as murder, sexual assault, and armed robbery, to name a few, may be tried in adult criminal court, even if the minor is 16 or 17 years old. This type of treatment by the legal system is reserved for only the most egregious of offenses, as charging a child as an adult is not taken lightly by the court system. Of course, convictions in adult criminal court carry far more severe punishments than in juvenile court.

Previous Criminal Records

In some cases, a juvenile’s prior criminal record may impact whether they will be tried as an adult. For example, suppose the minor has previously been tried for an offense that constituted a felony. In that case, the court may consider transferring the case to adult court for enhanced accountability. It is likely that if the juvenile has committed serious felonies in the past but was still tried in juvenile court, this time around may be different. The court may look upon their re-offense as evidence that the juvenile did not learn their lesson, requiring them now to be tried in adult court.

Evaluation of the Juvenile

Ultimately, the court will take into account several factors when determining whether a juvenile should be tried as an adult, such as the minor’s maturity, criminal history, response to any previous interventions into the juvenile’s conduct, and the availability of appropriate treatment services in the juvenile system. The judge will carefully consider all these aspects to make a fair and informed decision.

Contact a Kane County Criminal Defense Attorney

While the Illinois juvenile justice system primarily focuses on rehabilitation, there are circumstances in which a juvenile may be tried as an adult. If your child is facing serious criminal charges, contact the Naperville criminal defense lawyer with Law Office of Patricia Magaña, LLC. Call 630-448-2001 for a free consultation today.

Source - https://ijjc.illinois.gov/wp-content/uploads/2021/12/2018-Juvenile-Transfer-Report-v1-NP.pdf