When Can a Juvenile Be Charged as an Adult in Las Vegas, NV?

Nevada’s juvenile justice system typically handles cases involving minors. The law recognizes that minors generally deserve more chances to change their ways and don’t want a youthful indiscretion to ruin the rest of a young person’s life. However, there are certain circumstances where juveniles in Las Vegas can face criminal charges in adult criminal court, particularly when those charges are related to violent crimes or sex offenses. Here’s what you need to know about the process and what you should do if your child is charged as an adult in Nevada.

Understanding Juvenile vs. Adult Charges

There are several critical differences between how Nevada handles criminal cases involving juveniles and those involving adults. Those differences start with the general goal of the justice system.

The goal of the juvenile system is usually to help juveniles get the support they need to turn their lives around and avoid future criminal behavior. While the state can send minors to a juvenile detention facility, this sentence is generally a last resort. Instead, juvenile offenders are more likely to be sentenced to community service, mandatory counseling, and other services to help them avoid a life of crime.

Nevada’s approach to adult offenders is markedly different, as it acknowledges that adults are mature individuals who are capable of understanding their actions and the life-changing consequences of those actions. As such, penalties in adult courts are more serious, even punitive in nature. Conviction is likely to result in significant fines and longer prison sentences. While rehabilitating offenders and preventing recidivism are still goals, so is making an example of the offender to deter others.

Even the words used in the systems are different. A juvenile offender commits a “delinquent” act, not a “criminal” act. They go to a contested hearing rather than a trial. They either “admit” or “deny” the charges against them rather than plead “guilty” or “not guilty.” And should they be “adjudicated” (rather than “found guilty”), they will be “disposed of” rather than “sentenced.”

One significant difference to note about the Nevada juvenile justice system is that juvenile court cases do not involve juries, unlike cases involving adult offenders. Instead, a judge oversees these cases and decides whether the accused committed the delinquent act, along with the punishment the offender receives if adjudicated.

It’s also worth emphasizing that the penalties for adult offenders in Nevada are much harsher than penalties for juvenile offenders. Few juvenile offenders go to a detention facility, even for felonies. By contrast, an adult offender could go to jail for a misdemeanor in many cases (especially if they have a prior criminal history).

The Legal Age and Juvenile Court System in Las Vegas

Only juveniles ages 13 and older can face adult charges in Las Vegas. Even then, teenagers can only face adult charges in certain situations. Prosecutors must follow specific steps to charge a juvenile as an adult. 

When Can You Charge a Juvenile as an Adult in Nevada?

Nevada law says juveniles can face adult charges under the following circumstances:

• Juveniles aged 16 and older can face adult charges if the alleged act involved a firearm or sexual assault with the threat of violence, have a previous felony conviction, were charged with certain serious offenses, or intended to harm or risk harming multiple people.
• Juveniles aged 14 and older can face adult charges when accused of an offense that would be a felony if an adult committed it.
• Juveniles aged 13 and older can face adult charges when accused of murder or attempted murder.

The Process of Transferring a Juvenile to Adult Court

The process to transfer a juvenile to adult court is called “certification as an adult.” The certification process begins with the district attorney filing a motion requesting to transfer a juvenile offender to adult court. After the DA files the motion, the juvenile court judge holds a hearing to evaluate the facts of the case and decide whether to send the juvenile to adult court.

When evaluating whether to send a juvenile to adult court, some facts the judge will consider include:

• The severity of the juvenile’s alleged offense
• The juvenile’s prior criminal history (if any)
• Whether the juvenile has shown remorse for their actions
• Whether the juvenile has a developmental disorder or another condition that made them incapable of understanding their actions or the potential consequences of the offense
• Whether the juvenile justice system is better equipped to provide them with the support they need

If the judge “certifies” the case, the juvenile transfers to adult court. Otherwise, the juvenile court retains jurisdiction. If the juvenile and the prosecutor cannot reach a plea agreement, the judge conducts a bench trial without a jury to determine the appropriate punishment.

Consequences of Being Tried as an Adult

The consequences of being tried as an adult instead of a juvenile are considerable, starting with the greater likelihood of incarceration and significant fines. Furthermore, adult charges are harder to seal or expunge, meaning a minor may have their convictions on their records for many years, possibly the rest of their lives.

Don’t underestimate the secondary effects of a criminal conviction, particularly for felony charges. A criminal conviction can keep someone from living in certain areas (such as near schools) and working in certain industries. It can also make it harder to access credit, such as a car or home loan. Because of these harsh consequences, it’s in any juvenile’s interest to keep their case in the juvenile court system if at all possible.

Legal Defense and Rights of the Juvenile

Juvenile defendants in Nevada have many of the same rights as adult offenders, including the right to an attorney. However, juvenile offenders generally do not have the right to a jury trial unless they are transferred to adult court.

Nevada law also includes a Juvenile Justice Bill of Rights guaranteeing the following:

• The right to basic respect and dignity without intentional infliction of humiliation
• The right to fair and equal access to services, care, treatment, etc.
• The right to an education program while in custody that meets state requirements and is appropriate for their development
• The right to adequate and healthy food while in custody
• The right to basic necessities, including shelter, clothing, and personal hygiene products
• The right to access necessary medical and behavioral health care services

The Las Vegas juvenile defense attorneys at Adras & Altig have extensive experience practicing in juvenile courts. We want to protect the legal rights of juveniles and their families. 

Contact Our Las Vegas Criminal Defense Attorneys for Help

The Nevada juvenile defense attorneys at Adras & Altig can protect your child’s rights and seek to keep them out of the adult court system. Call us today or reach out online for a free case evaluation.