Once an adult, always an adult. This phrase is used to describe what happens to juveniles in Utah when they are convicted in the adult court system.
Serious Youth Offender Act
When a teenager 16 years of age or older (and sometimes younger) is charged with serious offenses listed in the serious youth offender act, there case can be transferred to the adult district court. The crimes which can send a juvenile to adult court are found in Utah Code 78A-6-702 and include:
“(a) Any felony violation of:
(i) aggravated arson;
(ii) aggravated assault resulting in serious bodily injury to another;
(iii) aggravated kidnapping;
(iv) aggravated burglary;
(v) aggravated robbery;
(vi) aggravated sexual assault;
(vii) felony discharge of a firearm;
(viii) attempted aggravated murder; or
(ix) attempted murder; or”
(b) any subsequent felony offense involving the use of a dangerous weapon.
Charged as an adult…and then what?
So what happens to those under the age of 18 years old once they’ve been charged as an adult for one of the above crimes? Well, according to the state of Utah and 33 other states, they are no longer considered minors. Utah Code 78A-6-703 states “when a minor has been [found guilty] to the district court ( . . . ), the jurisdiction of the Division of Juvenile Justice Services and the jurisdiction of the juvenile court over the minor is terminated regarding that offense, any other offenses arising from the same criminal episode, and any subsequent misdemeanors or felonies charged against the minor ( . . . ) the district court retains jurisdiction over the minor for all purposes, including sentencing.”
Once an adult, always an adult
The above statute is known informally as “ once an adult, always an adult “. This means that once a juvenile case has been transferred to adult district court, if the juvenile is found guilty, they will from there on out be considered adults for any other crime committed. According to a bulletin posted by the U.S. Department of Justice, once an adult, always an adult laws “are a special form of exclusion requiring criminal prosecution of any juvenile who has been criminally prosecuted in the past-usually without regard to the seriousness of the current offense.”
Keep things in juvenile court
An attorney who has experience in both juvenile court and adult district court knows how differently sentencing is carried out by each court and how drastically crimes are handled from that point out. This knowledge is why so many juvenile defenders fight to keep cases in juvenile court if possible. For more information regarding serious offenses by minors and how to keep kids out of adult court, contact a reputable juvenile defense attorney.