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

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.