Under NRS 62B.390, Nevada juvenile judges may certify minors to be prosecuted and tried as adults in certain cases: Children 14 and older accused of felonies may be certified. Children 16 and 17 accused of sexual assault (NRS 200.366) or firearm offenses usually must be certified. And children accused of murder (NRS 200.030) must be certified. Otherwise, the case remains in delinquency - not criminal - court.
Certification as an adult can be devastating for the child defendant. Having a criminal record can derail future school and job prospects.
Below, our Las Vegas criminal defense attorneys explain the certification process. We also explain how it may be challenged.
1. When can children be certified as adults?
It depends on the delinquency charges:
1.1. Mandatory certification
Adult certification is usually mandatory if:
- The child was 16 or 17 at the time; and
- The charge was for sexual assault (rape) or a firearm crime
But there is an exception where courts may not certify minors. It is when clear and convincing evidence shows that:
- The child cannot understand the situation due to mental incompetence; or
- The child has substance abuse or behavioral problems that may be treated through juvenile court.
Courts always certify minors accused of murder.
1.2. Discretionary certification
Judges may certify a minor as an adult if:
- The child was 14 or older at the time; and
- The delinquency charge would be a felony if an adult did it
Children's attorneys always fight to keep cases in juvie court. There are many possible arguments. One is that certification does not serve the public good.
2. How do courts certify a juvenile as an adult?
First, the prosecutor makes a motion to the court. It requests that the minor get certified for transfer to adult court.
Following an investigation, the court holds a hearing. Finally, the judge makes a decision.
3. Can all children be certified as adults?
No. Generally, only kids over 13 and accused of felonies can be certified.
4. Does Juvenile Court have jurisdiction over all children?
Initially, yes. All defendants under 18 start out in juvie court. But if the charge is serious, this could change.
As discussed above, the state may try to certify the child as an adult. Then the child would face charges in criminal court.
5. What happens in cases with multiple charges?
If one delinquency charge gets transferred to criminal court, the rest will too.
Example: Susan is 17. She offers a john to have sex for $200. While in their hotel room, Susan steals his Rolex.
Susan may be transferred to criminal court due to the felony. If the judge transfers her, the solicitation case transfers as well. This is because both charges arose out of the same case.
6. Can certified cases be transferred back to juvenile court?
It is possible. The child's lawyer may petition for a transfer back to Juvie Court. The court must find there are "exceptional circumstances" to justify it. Examples include:
- Ineffective assistance of counsel;
- Judicial error; or
- Prosecutorial misconduct
7. Are criminal penalties harsher than juvenile ones?
Usually, yes. But criminal court judges may impose laxer punishments on juvenile defendants. Under NRS 176.017, judges may reduce the mandatory minimum incarceration period by 35%. Courts take into account the defendant's age and rehabilitation prospects.
- Nevada Juvenile Justice Services: Serves youth under 21 committed for delinquent behavior or mental illness.
- Nevada Child Welfare Services: Assesses the needs of children and their families. Helps provide shelter, foster care, and counseling.
Is your child facing criminal charges? We are here to help ...
Has your child been arrested? It is imperative you retain counsel to safeguard their rights. We are sensitive to the needs of young defendants. We understand the importance of trying to keep their cases in juvenile court.
Call our Las Vegas juvenile defense lawyers at 702-DEFENSE (702-333-3673). The consultation is free.
In California? See our article on prosecuting juveniles as adults
In Colorado? See our article on prosecuting juveniles as adults.