In North Carolina, the laws are different for juveniles than they are for adults. If a juvenile is arrested, they are unlikely to face the same penalties for a conviction that an adult would for the same crimes. However, there has long been debate about how to address the difference, particularly when the crimes are of great severity.
Recently, a law that altered “Raise the Age” in which some juveniles are tried in adult court and had been vetoed by Gov. Roy Cooper was overridden by state lawmakers. Now, the Superior Court will determine whether juveniles 16 and 17 who have been arrested and charged will be tried in adult court. This will influence how to craft a defense as more juveniles could be subject to adult law.
Understanding “Raise the Age”
Based on Raise the Age, if someone is under 18 when they are arrested, they automatically begin in juvenile court. The prosecutor can request that a case be moved to adult court. Juveniles who commit serious crimes can be sent to adult court instead of juvenile court. That includes murder, assault with a deadly weapon and armed robbery.
Even if there is a prosecutor’s petition to move a case to adult court, it will not necessarily be granted. The circumstances will determine whether the case will be moved. A primary concern about juveniles being tried as adults is the risks they face in adult prison. That includes being subjected to violence by other inmates and a high chance of re-offending.
Recidivism is one issue that the law is meant to avoid as treatment programs and intervention could prevent more crimes than punishing the juveniles with incarceration in adult facilities.
Juveniles and their parents should understand the value of a strong defense
There are major differences between juvenile court and adult courts. When a juvenile is arrested and there is the possibility of the case being moved to adult court, it is imperative to understand the ramifications and to try and avoid this outcome.
As with any criminal allegation, knowing how to create a viable criminal defense is essential. There could be options where the juvenile receives treatment in lieu of incarceration. No matter the allegation, its seriousness and the level of charges, it is wise to know how the new law impacts the case and what can be done to reach a positive outcome.
