When can a Juvenile be charged as an adult in Lansing?
Age is always an interesting factor in court cases in Lansing. Most people treat crimes committed by those under the age of 17 as “lesser crimes,” assuming that the offender will undergo trial proceedings of a minor. Though this is common and often the way things go, this is a dangerous assumption to make on behalf of yourself or anyone else who is expecting to be charged as a minor.
Michigan state law has made an effort to be very tough on particular crimes. Violent crimes and drug crimes are the main targets of this push for harder sentencing times and faster prosecution. Murder, theft, gang violence, and drug crimes are all on the state’s list of “tough crimes,” and the state will ruthlessly pursue a conviction on these charges.
Regardless of the crime your minor has committed in Lansing, being less than 17 years of age is not an excuse to forgo finding a defense attorney in Lansing who can stand up for your rights. Before you speak with the police, even before you are formerly charged, you need to contact an attorney to defend your case.
Qualifications for Adult Trial Proceedings
For a court in Lansing to put a minor in adult court under adult charges, there are several factors that they will first have to consider. The “tough crimes” mentality of the state can open up adult charges to any offender over the age of 14. In addition, the nature of the crime is a large factor in this decision. A misdemeanor is likely to remain in juvenile court. If the crime would be a felony at the adult level though, the offender is likely to be moved out of juvenile court to face adult charges. Written into the Michigan Probate Code, is a provision that allows a judge to waive the limitations on jurisdiction if the crime is counted as a felony in Michigan criminal courts.
In instances when a human life has been taken or harmed, the Lansing courts are determined to put children away on adult charges. Michigan’s Juvenile Waiver Law of 1997 allows a judge to waive the jurisdiction of juvenile court if the charge is a violent crime. This way, minors accused of violent crimes have almost no protection from their minor status. The prosecutor can charge children as young as 11 years of age with adult murder charges.
Of these crimes, drug crimes are some of the most pursued charges by Lansing prosecutors. The state has committed a strong effort to cleaning up the streets of dealers, users, and traffickers of drugs and unauthorized prescription medications. In the laws that cover this push against drugs, the state will increase charges against a drug crime offender if the crime was committed on or near a school.
This is a uniquely dire situation for minors charged with drug crimes, as they have a high likelihood to be in a school, such as Eastern High School or Everett High School. If you are being investigated for drug crimes as a minor, you must find a legal defense team who can help you. The state will surely push the charges into adult court, especially if you are accused of being a “dealer.” Contact the juvenile crimes team of Grabel & Associates now.
In addition, gang violence is an issue that often involves youth and is often on the nation’s mind. Like many other states, Michigan is strongly against gang activity and actively fights it. An offender charged with a violent crime, in association with a gang, can face up to 20 years in prison. This is a charge that can be extended to a minor if the courts deem it necessary.
The offender’s past criminal history and the details of the crime will also be taken into account. Psychological conditions or factors also can play a role in the determination. For all of the state’s enthusiasm for justice, they are not prone to lock up potentially healthy citizens. However, if the state has any reason to suspect future trouble or criminal activity from the minor, it will not hesitate to push for adult charges and move towards max sentencing.
Lansing, the capital city, is located in Ingham County. Juveniles in this county will need to go to Ingham County Family Court for court dates. There are two locations:
Grady Porter Building
303 W. Kalamazoo Street, 2nd Fl.
Lansing, MI 48933
Veterans Memorial Courthouse
313 W. Kalamazoo Street
Lansing, MI 48933
Hours: Monday - Friday
8:00 - 12:00 p.m. (closed for lunch) 1:00 - 5:00 p.m.
When you are faced with juvenile charges in Lansing that could be potentially moved out of juvenile court, you need an experienced legal team that can fight for your rights. Grabel & Associates has over 100 years of legal experience between them. Our Juvenile Defense Lawyers have worked every juvenile crime that is out there: Violent crimes, drugs crimes, murder, gang violence, and many others.
If you are concerned you may soon be arrested in Lansing, take this advice. When you are arrested, politely decline any and all questions the police may pose to you and call an attorney. Prosecution attorneys have years of experience with clients and can take even small answers and extrapolate them into major evidence during trial. Your best choice is to not say anything at all. Only once you have spoken with an attorney and have begun fleshing out a full defense should you begin saying anything at all to the police.
You must protect yourself from harsh over-sentencing Lansing prosecutors. Call Grabel & Associates today for a free consultation and we can begin building your case immediately. Every second you wait gives the prosecution more time to prepare, more evidence to examine, and reduce your chances of facing a fair trial. Call us for free at 1-800-342-7896 or contact us online now.