When can juvenile cases be tried as adults in Nevada?

When a minor (under 18) commits a crime in Nevada, the matter is usually handled in juvenile court. In serious cases, however, the court may “certify” the child to be prosecuted and tried as an adult in criminal court.

Juveniles can be tried in adult court in two circumstances:

1. the child is 13 to 15 and accused of murder or attempted murder, or
2. the child is at least 14 and accused of a delinquency charge that would be a felony if committed by an adult.

There is one scenario where judges are required to certify your child as an adult: This is when your child is 16 or 17 and was accused of either:

• sexual assault (rape) involving the use or threatened use of force or violence against the victim, or
• an offense or attempted offense involving the use or threatened use of a firearm.¹

However, we can stop this “mandatory certification” if we can prove to the juvenile court judge by clear and convincing evidence that:

• your child cannot understand the situation due to mental incompetence; or
• your child has substance abuse or behavioral problems that may be treated through the juvenile court system.

Here at Las Vegas Defense Group, we have represented countless young people who had brushes with the law and faced being tried as adults. In our experience, early intervention and negotiations with the prosecution are key to preventing certification.

In this article, our Las Vegas juvenile crimes attorneys explain the certification process and how we may challenge it.

1. How do courts certify your child as an adult?

First, the prosecutor makes a motion to the court requesting that your child be certified for transfer to adult criminal court.

Following an investigation, the court holds a hearing where we would zealously argue against certification. Finally, the judge makes a decision.

2. Can all children be certified as adults?

No. Generally, only kids over 13 and accused of felonies can be certified.²

Nevada juvenile court judges have the discretion to certify certain minors as adults.

3. Does Juvenile Court have jurisdiction over all children?

Not all. If your child fits into one of the following six serious situations, then criminal court – and not juvie court – has jurisdiction over them from the start:

1. Your child was previously convicted of a criminal offense; or
2. Your child was 16 or 17 and accused of murder or attempted murder; or
3. Your child was 16 or 17, they were accused of sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim, and they have a prior delinquency that would be a felony had an adult committed it; or
4. Your child was 16 or 17, they were accused of an offense or attempted offense involving the use or threatened use of a firearm, and they have a prior delinquency that would be a felony had an adult committed it; or
5. Your child was 16 or 17, they were accused of a category A or B felony, but either: 1) the police did not identify your child as the suspect until they reached 21 years old, or 2) the police did not identity and charge your child until they reached 20 years old and 3 months; or
6. Your child was accused of a felony that resulted in death or substantial bodily harm to the victim, and the felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present. Plus it must have been at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties, and your child must have intended to create a great risk of death or substantial bodily harm to more than one person using a weapon, device or course of action that would normally be hazardous to the lives of more than one person.

Otherwise, all children under 18 who get arrested start out in juvie court. As discussed at the beginning of this article, there are situations where the judge has the discretion to certify your child as adults, and there are situations where it is presumed that your child will be certified as an adult.³

4. What happens if my child is facing multiple charges?

If one of your child’s charges gets transferred from juvenile court to criminal court, the rest of your child’s delinquency charges will transfer as well.

Example: Susan is 17 when she offers a john to have sex for $200. While in their hotel room, Susan steals his Rolex.

Susan gets arrested and goes to Juvie Court, where she gets charged with the misdemeanor of soliciting prostitution as well as the felony of grand larceny.

Because of the felony and Susan’s age, the judge has the discretion to certify her as an adult to be tried in criminal court. If the judge decides to transfer her, the solicitation court case transfers as well because both charges arose out of the same case.

5. Can certified cases be transferred back to juvenile court?

Potentially, yes. If a juvie court judge certifies your child as an adult, we would file a petition to have the case transferred back from criminal court to juvenile court.

For your child’s case to go back to juvenile court, we must show there are “exceptional circumstances” to justify it. Examples include:

• The criminal court prosecutors or judge in your child’s case committed misconduct that prejudiced their right to a fair trial (“judicial error” or “prosecutorial misconduct”); and/or
• Your child’s original attorney or public defender did not provide competent representation (“ineffective assistance of counsel“).⁴

In addition, we would argue to the judge that your child’s needs would be best served in the juvenile justice system and that subjecting your child to the adult criminal justice system at such a young age not only hurts their long-term prospects but also fails to serve the public good.

Remember that your child can never be transferred from criminal court to juvenile court if any one of the six exceptions listed above in question 3 applies. In those cases, the criminal court has exclusive and original jurisdiction over your child’s case even though they were under 18 at the time of the alleged offense.

6. Are the penalties different in juvenile court versus criminal court?

7. What about my child’s record?

Most juvenile court records get sealed automatically once your child turns 21. Having a “clean record” when your child reaches adulthood will greatly increase their prospects for employment, education, housing, professional licenses, and loans.

In contrast, adult criminal records usually cannot be sealed until five or 10 years after the case closes, and some convictions stay on your child’s record forever. So if your child’s juvenile case gets transferred to criminal court – and then your child gets convicted – your child may have a much harder time getting ahead in life with a criminal record haunting them.⁶

This criminal record issue is one of the main reasons we fight so hard to keep cases in juvenile court: Our goal is not just to get laxer penalties but also to minimize any long-term fallout.

Additional Resources

For additional information on juvenile justice laws, refer to the following:

• Clark County Juvenile Detention Center – Our information page about Las Vegas Juvie Hall.
• Eighth Judicial District Court Juvenile Court – Official page of the Juvenile Court in Clark County (including Las Vegas).
• Nevada Juvenile Justice Services – Serves youths committed for delinquent behavior or mental illness.
• Nevada Child Welfare Services – Assesses the needs of children and their families. Helps provide shelter, foster care, and counseling.
• Trying Juveniles as Adults: An Analysis of State Transfer Laws and Reporting – Article by the Office of Juvenile Justice and Delinquency Prevention (OJJDP).