Most adults will admit that they made some poor decisions in their youth. This may be attributed to the fact that the average human brain is still developing during adolescence. Research shows that a teenager’s prefrontal cortex, the part of the brain responsible for decision-making and risk management, is not fully formed until his or her mid-20s or later. This may be part of the reason that juveniles who are otherwise law-abiding citizens sometimes make impulsive decisions that lead to criminal charges. If your child has been arrested and charged with a crime, you may wonder whether or not he or she will be tried as an adult. Juveniles who are tried as adults are subject to adult criminal penalties that can dramatically impact their future.
When Are Juveniles Treated as Adults Under Illinois Law?
If a person is 17 years old or younger and is accused of a misdemeanor offense, he or she will most likely be tried in juvenile court. However, if a child is 16 years old or older, and he or she is charged with certain more serious offenses, he or she may automatically be tried in adult court. A criminal defendant aged 16 or 17 will be tried as an adult in Illinois if he or she is charged with homicide, aggravated battery involving the use of a firearm, or sexual assault. If the child is under 16 years old, the prosecution may request for the case to be transferred to adult court, but this transfer may not be granted. The child’s attorney will have the opportunity to argue against the child being tried as an adult.
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