Legal Ease by
Shane Givens
Dec. 14, 2010
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PART II: When and I considered an adult? This is a follow-up of last week's question regarding at what age a child is no longer considered a minor: “If a child is a minor until he is 19, how can someone under 19 be criminally charged as an adult?” This is an excellent question, because the general rules regarding a minor are different in criminal cases. Generally, under Alabama law, a person 18 or over will be charged as an adult if they commit a criminal offense. If a person criminally charged was under 21 when the offense was committed, however, he may apply for what is called “youthful offender” treatment. After receiving a report from the probation and parole office, the court will determine whether or not the accused gets the benefit of youthful offender treatment. Those benefits include records being sealed, along with the potential for reduced probation and/or confinement periods. (Youthful offender law is more complex than this basic description, so if you think the law may apply to you, please seek the assistance of a lawyer.) There are two major exceptions to the “18 and over” rule. In fact, Alabama law requires a child of 16 be charged as an adult if the charged crime is either: 1) a capital offense (mostly, these are different types of murder-related crimes); 2) a Class A felony; 3) a felony involving a deadly weapon; 4) a felony where a death occurred; 5) trafficking drugs; or 6) a felony which involves the use of a dangerous instrument against a authority figures, such as law enforcement officers, parole or probation officers, juvenile court officers, district attorneys or prosecuting officers, judges, court officers, jurors, witnesses, teachers, principals, or employees of the public education system. Even though the child is tried as an adult in these cases, he can still apply for youthful offender treatment. However, again, the determination to grant youthful offender treatment is left up to the judge. A child 14 or over can be criminally tried as an adult. In these cases, the prosecutor must ask for a hearing. The juvenile judge will conduct the hearing and decide whether the child should be treated as an adult, taking into consideration the nature of the offense, the prior record of the child, the extent of the physical and mental maturity of the child, the interests of the community in treating the child as an adult, etc. If the juvenile judge orders that the child be treated as an adult, he may still apply for youthful offender status. Otherwise, a child under 14 must be tried as a juvenile. This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net. |