When Can a Minor Be Tried as an Adult in Minnesota?

In Minnesota, a juvenile under the age of 18 can be tried for a felony offense the same as an adult if violence is involved and the crime meets certain criteria.

When Juvenile Crimes Become Felonies

Can a minor be charged with a felony? Minnesota juveniles can be charged as adults when they are suspected of violent crimes or offenses that are normally punishable by prison sentences when committed by adults. In most cases, juvenile offenders charged as adults are 16 to 17 years of age, but younger teens can be charged as well under certain circumstances. Prosecutors can begin the adult certification process if the minor is between 14 and 17 years old. If certification is approved by a judge, the case is transferred to an adult criminal court.

When determining certification approval, a judge considers certain factors that include the age of the child; the child’s record of delinquency and criminal history; the severity of the crime; the use of lethal weapons; and the child’s participation in the crime. Some of the most common felonies committed by Minnesota juveniles include:

  • Burglary
  • Robbery
  • Grand Theft
  • Weapons Offenses
  • Sale or Distribution of Drugs
  • Sex Crimes

Extended Juvenile Jurisdiction

If convicted of a felony as an adult, a juvenile offender can face serious penalties including a minimum one-year sentence to state prison and the loss of civil rights. Minnesota felony charges are serious and require a criminal defense attorney in Minneapolis who can navigate a complex legal system.

Juvenile felony offenses can result in one last chance for a minor to avoid adult sanctions and remain in the juvenile system. Extended Juvenile Jurisdiction (EJJ) is a hybrid type of sentence that requires strict compliance. EJJ allows a minor to remain in the juvenile system under strict probation requirements until the age of 21. It comes with an adult prison sentence that will be imposed if the minor breaks his/her rules of probation.

A juvenile can enter EJJ in two ways: (1) If the prosecutor fails to persuade the judge that the juvenile offender should be certified as an adult, and (2) If the prosecutor moves for EJJ instead of an adult criminal court for juvenile felony offenders between 14 and 17 years old. Minnesota juvenile courts promote rehabilitation that supports law-abiding behavior, while adult courts are usually restricted by legal guidelines that mandate prison sentences, especially in violent offenses. A criminal defense attorney Minneapolis can provide protection for juvenile felony offenders through EJJ program compliance.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.