How Michigan Treats Juvenile Offenders Differently Under the Law

The nature of a case is very different for a young person charged with a crime in Michigan than it would be in adult court. The theory behind the juvenile justice system is one focused on rehabilitation and guidance, not punishment. Yet, the stakes are high enough that families need to know what they’re playing for.

Juvenile Court vs. Adult Court

For the most part, perpetrators between 13 and 17 years old will have their cases heard in juvenile court. The proceedings here are more private, the language is different (they’re “adjudications,” not “convictions”), and the emphasis is on rehabilitation. Judges can mandate counseling, educational programs, probation, or placement in a youth facility put in place to help the child reform.

Adult court is punishment-oriented and deterrence-focused,” as opposed to proactive prevention. Imprisonment, hefty fines, and lasting repercussions are typical. The distinction highlights why it’s important to keep a juvenile case in the juvenile system whenever possible.

Waiver Risks to Adult Court

Michigan law does provide that juveniles can be “waived” into adult court in some instances. If the prosecutor requests a waiver, harshness can take into account the severity of the alleged offense, the age of the youth, his or her prior record, and prospects for rehabilitation. The most serious charges, such as armed robbery or murder or sexual assault, are the most likely to set this process in motion. With a waiver, the juvenile is subject to adult punishment and has an adult criminal record for life.

Sealing and Expunging Juvenile Records

Opportunities to mitigate the long-term implications of a mistake also exist in the juvenile system. The fact that a young person was adjudicated a youthful offender can often be sealed or expunged when the youth turns 18. Which is to say: Employers, landlords, and colleges might not see it. But not every charge is eligible, and families must have sound legal advice if they are to protect their future options.

Why Legal Representation Matters

Yes, the juveniles most often plead to misdemeanors and get probation, as your friend claims, but that hardly means anything, as they are still getting a record. Parents have an odd lottery mentality about these offenses, where they believe their case will “go away” once the child becomes 18. In fact, juvenile cases can result in custody, probation, programs, and consequences. By having a defense attorney, the child’s rights are protected, the waiver is contested, and rehabilitative options are secured. Every child deserves the opportunity to recover from mistakes without sacrificing their future.

If your child is charged with a crime in Michigan, you can’t afford to leave their case to chance. For Clint Perryman, Attorney at Law, call (810) 337-1800 or go to attorneyperryman.com to arrange a meeting and obtain the professional counsel your family needs.