Criminal Defense Lawyers

When can juvenile cases be tried as adults in Nevada?

When Can Juvenile Cases Be Tried as Adults in Nevada?

At Spodek Law Group, we understand that facing criminal charges as a juvenile can be an incredibly stressful and frightening experience for both the child and their family. The prospect of a minor being tried as an adult is particularly concerning, as it can have severe and long-lasting consequences. As experienced criminal defense attorneys, we’re here to guide you through this complex legal terrain and fight to protect your child’s rights and future.

Understanding Juvenile Certification in Nevada

In Nevada, most criminal cases involving minors under 18 are handled in the juvenile court system. However, in certain serious cases, the court may “certify” a juvenile to be tried as an adult in criminal court. This process, known as certification, is not taken lightly and involves specific legal criteria.

When Can a Juvenile Be Certified as an Adult?

There are two main scenarios where a juvenile can be tried as an adult in Nevada:

1. Ages 13-15 and Serious Crimes: If the child is between 13 and 15 years old and is accused of murder or attempted murder.
2. Ages 14 and Up for Felonies: If the child is at least 14 years old and is accused of a crime that would be considered a felony if committed by an adult.

It’s crucial to understand that these are not automatic certifications. The court must go through a specific process to determine if adult certification is appropriate.

Mandatory Certification Cases

There is one scenario where juvenile judges are required to certify a minor as an adult. This occurs when the child is 16 or 17 years old and is accused of either:

• Sexual assault involving the use or threatened use of force or violence against the victim
• An offense or attempted offense involving the use or threatened use of a firearm

However, even in these “mandatory” cases, we may be able to prevent certification if we can prove to the judge by clear and convincing evidence that:

• Your child is mentally incompetent and cannot understand the situation
• Your child has substance abuse or behavioral problems that can be effectively treated through the juvenile court system

The Certification Process

Understanding the certification process is crucial for mounting an effective defense. Here’s a breakdown of how it typically unfolds:

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-02-24

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1. Prosecutor’s Motion: The process begins when the prosecutor files a motion requesting that your child be certified for transfer to adult criminal court.
2. Investigation: Following the motion, there’s a thorough investigation into the case and your child’s background.
3. Certification Hearing: A hearing is held where both sides present their arguments. This is where we would vigorously argue against certification.
4. Judge’s Decision: After considering all the evidence and arguments, the judge makes a decision on whether to certify your child as an adult.

Factors Considered in Certification Decisions

When deciding whether to certify a juvenile as an adult, Nevada courts consider several factors:

How We Can Help

At Spodek Law Group, we believe that early intervention is key in these cases. Our experienced attorneys will:

1. Thoroughly Investigate: We’ll leave no stone unturned in examining the facts of your case and your child’s background.
2. Negotiate with Prosecutors: Often, we can convince prosecutors not to seek certification through skilled negotiation.
3. Present a Strong Case: If a certification hearing is necessary, we’ll present a compelling case for why your child should remain in the juvenile system.
4. Explore All Options: We’ll consider every possible avenue to protect your child’s rights and future, including treatment programs and alternative sentencing options.

Remember, being charged as an adult can have severe consequences for a young person’s life. It can affect their education, future employment opportunities, and even their freedom. That’s why it’s crucial to have an experienced legal team on your side.Don’t wait to get help. Call us today at 212-300-5196 for a free consultation. We’re here to fight for your child’s future.

The Importance of Skilled Legal Representation

When facing the possibility of adult certification, having a skilled and experienced attorney is not just important – it’s essential. At Spodek Law Group, we’ve handled countless cases involving juvenile certification. We know the ins and outs of the system, and we’re prepared to fight tirelessly for your child’s rights.

Why Choose Spodek Law Group?

1. Experience: We’ve successfully handled numerous juvenile cases, including those involving potential adult certification.
2. Dedication: We treat every case as if it were our own family member’s. Your child’s future is our top priority.
3. Resources: We have a team of investigators and experts at our disposal to build the strongest possible case.
4. Strategic Approach: We develop a tailored strategy for each case, considering all possible angles to achieve the best outcome.
5. Compassion: We understand how stressful this situation is for your family. We’re here to support you every step of the way.

Potential Consequences of Adult Certification

It’s important to understand the potential consequences if a juvenile is certified as an adult. These can include:

• Longer sentences
• Incarceration in adult facilities
• Permanent criminal record
• Loss of certain rights and opportunities

That’s why we fight so hard to keep juveniles in the juvenile justice system whenever possible. The juvenile system is focused on rehabilitation and education, which is often more beneficial for young offenders.

FAQs About Juvenile Certification in Nevada

Here are some common questions we hear from clients:Q: Can my child be tried as an adult for any crime?
A: No, generally only for serious felonies and under specific age requirements.Q: Is there any way to reverse a certification decision?
A: It’s very difficult, but in some cases, we may be able to appeal the decision.Q: Will my child definitely go to adult prison if certified?
A: Not necessarily. Even if certified, there may be alternatives to adult incarceration that we can pursue.Q: How long does the certification process take?
A: It varies, but it can take several weeks to months. We work to resolve these cases as quickly as possible.

Conclusion: We’re Here to Help

Facing the possibility of your child being tried as an adult is undoubtedly one of the most challenging situations a family can encounter. But you don’t have to face it alone. At Spodek Law Group, we’re committed to providing the skilled, compassionate, and aggressive representation your child needs during this difficult time.We understand the nuances of Nevada’s juvenile justice system and the certification process. We’ll work tirelessly to keep your child in the juvenile system whenever possible, and if certification is unavoidable, we’ll fight for the best possible outcome in adult court.Don’t let your child’s future hang in the balance. Contact Spodek Law Group today at 212-300-5196 for a free consultation. Let us put our experience and dedication to work for your family.Remember, when it comes to your child’s future, every decision matters. Choose a law firm that will treat your case with the care and attention it deserves. Choose Spodek Law Group.