QUESTION

Can a 17 year old be charged as an adult?

Asked on Mar 28th, 2014 on Criminal Law - Michigan
More details to this question:
In November 2013 he was charged with possession of marijuana with intent to sell. The felony got dropped to a misdemeanor. Then in January 2014 he was charged with possession of marijuana, misdemeanor. And in March 2014 he was charged with aggravated assault plus burglary, resisting arrest without violence. The two felonies are being charged as an adult. He is only 17 but is turning 18 this year, 2014. How bad does this look? Is there any way he could get the like house arrest instead of prison time? Also he didn't commit the burglary crime, but he was on the scene when it happened.
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6 ANSWERS

A juvenile court matter comes to the court's attention when the police apprehend a minor for violating a statute or a school official, parent, or guardian refers a problem with a juvenile to the court. The court intake officer then evaluates the case to determine whether further action is required. In cases of serious offenses, the matter may be referred to the district or county attorney's office, after which the juvenile may be charged as an adult, tried in the criminal courts, and even sentenced to an adult correctional facility. This dissension is based on the serious of the crime and the age of the juvenile. Some crimes in California can be charged as a misdemeanor or a felony. These crimes are called wobblers. It is up to the prosecution to decide if these crimes will be charged as a misdemeanor or felony. If a crime is charged as a misdemeanor and the prosecution would like to charge it as a felony, he can dismiss the misdemeanor charge and refile the case as a felony. For a misdemeanor the punishment is up to one year in the county jail, and/or up to a $1,000.00 fine. A violation of California Health and Safety Code section 11359 Possession of marijuana for sale is a wobbler. If found guilty of a felony the punishment is 1 year 4 months, 2 years or, 3 years in state prison. A violation of California Penal Code Section 69 Resisting an Executive Officer is a wobbler. If found guilty of the felony the punishment is 16 months, two years, or three years in state prison. 69. Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment. BURGLARY P.C. 459-460 459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store with intent to commit grand or petit larceny or any felony is guilty of burglary 460. (a) Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree. 461. Burglary is punishable as follows: (a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years. (b) Burglary in the second degree: by imprisonment in the county jail not exceeding one year or 16 months, two years, or three years in state prison. California Penal Code Section 240 Assault 240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. 241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (b) When an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. In all the cases except the assault, the prosecution can charge the cases as felonies. The charges are serious and the juvenile intake officer could submit the cases to the prosecutor to be tried as an adult.
Answered on Apr 01st, 2014 at 6:19 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Obviously he needs an attorney to represent him and is in deep trouble. Generally it is possible for him to be prosecuted as an adult for the felonies. His prior record will not be helpful to his cause.
Answered on Apr 01st, 2014 at 6:13 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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Yes, in the eyes of the court system, a 17-year-old is an adult unless the prosecutor chose to charge him in juvenile court. He is looking at potential jail time for all of these charges. I don't believe house arrest is going to be an option. He needs to hire an experienced criminal defense attorney immediately.
Answered on Apr 01st, 2014 at 3:45 PM

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Creditor's Rights Attorney serving Clayton, MO at Fluhr & Moore, LLC
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In Missouri, a person is considered an adult for purposes of committing a crime when the person turns 17. He is still considered a minor for purposes of parental support and for civil purposes. If he gets jail time, it will cut off the obligation to support.
Answered on Apr 01st, 2014 at 3:44 PM

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Thomas Edward Gates
He can be charged as an adult. Because of so many criminal acts occurring over a short period of time, he can expect jail time. House arrest would not be sufficient punishment.
Answered on Mar 31st, 2014 at 11:45 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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In Michigan all 17-year-olds are charged as an adult.
Answered on Mar 31st, 2014 at 11:43 PM

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