Can My Child Face Jail Time?

Parents lecture child while sitting on a bench

Sometimes, even children can have a run-in with the law. While some crimes only result in fees and probation, others carry heavier sentencing. Depending on the nature and severity of your child’s crimes, they may face time in a detention center or even prison.

Minnesota Law and Juvenile Crimes

In the state of Minnesota, any person between the ages of 10 and 17 is classified as a juvenile. The juvenile court system in Minnesota oversees felonies and misdemeanors committed by these adolescents. Some of the most common types of crimes that lead to misdemeanors or felonies include:

  • Shoplifting
  • Underage drinking and driving
  • Disturbing the peace
  • Minor in possession
  • Violating curfew
  • Disturbing the peace

What Gets Tried in Adult Court?

There are some crimes in which a juvenile can be tried as an adult within the adult court system. Minnesota law and prosecutors take the child’s age and criminal background into account to determine the charges they may face. A minor can be prosecuted as an adult in cases involving:

  • Murder
  • Sex crimes
  • Multiple and pre-existing misdemeanors or felonies
  • Unsuccessful past rehabilitation efforts

A prosecutor can request hearings to determine if a minor can be tried as an adult through a discretionary waiver for minors 14 and older and a presumptive waiver for minors 16 and over. It’s important to note that juvenile courts can only send children 14 and up to adult courts due to the fact that Minnesota law considers children 13 and below to be legally incapable of committing a crime.

We understand how difficult this time is for your family, and we want to extend a hand in your time of need. Many times, many adolescents do not understand the consequences of their own actions, which can lead to a dark path in the future. Your child deserves to have a clearer path. With the right attorney on your side, we can create a better future for your child.

For a free consultation, call Caplan & Tamburino Law Firm, P.A. at (612) 444-5020 or visit our website here.

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