Can Juveniles Be Tried as Adults in Arkansas? Understanding Juvenile Transfer Hearings
When a child is accused of committing a crime, the legal process can be confusing and overwhelming for the entire family. Many parents think that because their child is under 18, their case will automatically be handled in juvenile court. However, Arkansas law allows certain juveniles to be charged as adults, depending on their age and the offense involved.
If your child is charged as an adult, an attorney may file a motion to transfer the case to juvenile court. At a juvenile transfer hearing, the court will decide whether the case should be prosecuted in the juvenile division or criminal division of the circuit court.
Understanding how juvenile transfer hearings work can help families know what to expect and why having legal representation is important.
Can a Juvenile Be Charged as an Adult in Arkansas?
Yes. Under Arkansas law, certain juveniles may be prosecuted in the criminal division of circuit court rather than the juvenile division.
The court in which a juvenile's case is handled depends on several factors, including the juvenile's age when the alleged offense occurred, the nature of the offense, and the juvenile’s history. For example, Arkansas law allows prosecutors to charge juveniles who are at least 16 years old in either juvenile or criminal court when they are accused of committing a felony. Ark. Code Ann. § 9-35-412(c)(1).
For juveniles who are 14 or 15 years old, adult prosecution is generally limited to certain serious offenses, including capital murder, first-degree murder, kidnapping, aggravated robbery, rape, first-degree battery, or a terroristic act. Other circumstances may allow a juvenile's case to be transferred to criminal court, including certain repeat felony offenses.
The law also provides for situations in which a juvenile's case may be transferred between the juvenile and criminal divisions of circuit court.
What Is a Juvenile Transfer Hearing?
A juvenile transfer hearing is a court proceeding used to determine whether a juvenile's case should be handled in the juvenile division or the criminal division of circuit court.
A transfer hearing may be held when a juvenile is initially charged in one division and a party requests that the case be moved to another.
During the hearing, the judge reviews the circumstances of the alleged offense and the juvenile's background to determine whether a transfer is warranted. The purpose of the hearing is not to determine whether the juvenile is guilty of the alleged offense. Instead, the court considers whether the case should proceed through the juvenile justice system or the adult criminal justice system.
What Factors Does the Court Consider?
The factors considered at a juvenile transfer hearing are found in Ark. Code Ann. § 9-35-412(g).
The court will consider:
The seriousness of the alleged offense and whether public safety requires prosecution in criminal court;
Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
Whether the alleged offense was committed against a person or property;
The juvenile's level of involvement and responsibility for the alleged offense;
The juvenile's prior history, including previous delinquency adjudications;
The juvenile's maturity and level of sophistication;
Whether juvenile rehabilitation programs are available and likely to be effective before the juvenile turns 21;
Whether the juvenile acted alone or with others;
Written reports and other information regarding the juvenile's mental, physical, educational, and social history, including exposure to adverse childhood experiences, trauma, involvement in welfare/foster care systems, abuse, etc.; and
Any other factors the judge deems relevant.
The judge must make written findings on all the above factors following the hearing. § 9-35-412(h)(1). No single factor automatically determines the outcome of every transfer hearing. The court must consider the circumstances of the individual case.
What Happens If a Juvenile's Case Is Transferred to Adult Court?
If a juvenile's case is transferred to the criminal division, the case proceeds through the adult criminal justice system. This can have significant consequences for the juvenile, including exposure to adult criminal penalties if the juvenile is convicted. However, being charged as an adult does not mean the juvenile has been found guilty. The prosecution must still prove the charges through the criminal court process.
Why Is Legal Representation Important During a Juvenile Transfer Hearing?
Juvenile transfer hearings require extensive preparation, as they typically involve witnesses from many different areas of a juvenile’s life, including school, sports, home, work, clubs, or others. An attorney preparing for a juvenile transfer hearing will review the charges, explain applicable Arkansas law, and help the juvenile and their family understand the factors considered at the hearing.
An attorney familiar with juvenile law and the transfer factors will be in the best position to prepare the case for a transfer hearing. They will work with you to gather records and other documents needed to present at the hearing, as well as prepare witnesses who plan to testify on your child’s behalf.
Every case is different, and the outcome of a transfer hearing depends on the specific facts and circumstances involved.
How ARlaw Partners Can Help
Our criminal defense attorneys at ARlaw Partners specialize in juvenile cases and have experience getting cases transferred from adult to juvenile court. If your child has been accused of a crime, you may have questions about what happens next.
We are prepared to fight for your child, whether they are charged as a juvenile or as an adult. Contact us to schedule a free consultation and discuss your options with our experienced attorneys today.
