Tuesday, July 24, 2012

What if I committed the crime as a minor but I am caught as an adult?

The Nevada Supreme Court recently decided in the case State v. Barren that juvenile court does not have jurisdiction to preside over a criminal case when the suspect was a minor at the time of the crime but only identified as the defendant after the minor became an adult. The Supreme Court specifically concluded, "jurisdiction in this case is determined on the date when the State initiated proceedings against Barren rather than the date when Barren allegedly committed the offenses.  At the time the State initiated the proceedings against Barren, NRS 62B.330(3)(e)(2), the statute governing jurisdiction, was in effect, and the juvenile court did not have jurisdiction.  Accordingly, we reverse the district court’s judgment and remand."


This holding essentially means that a juvenile crime can haunt the perpetrator into adulthood and the perpetrator will be treated as an adult suspect.  In the State v. Barren case,  the defendant was accused of using a deadly weapon while kidnapping and sexually assaulting a woman when he was 17 years old.  He was 21 before he was caught.


If you committed a crime and are still a juvenile, it is advisable that you consult with a Las Vegas criminal defense attorney before you become an adult, otherwise you will be treated as an adult automatically.  Note, the police may know who you are while you are a minor, but you may not actually be charges until after you are an adult.  It may be wise to turn yourself in while still a minor and under the jurisdiction of juvenile court.  Do not do anything, though, until you have consulted an attorney who handles criminal cases in Las Vegas.


You should consult with Las Vegas criminal defense lawyer David R. Jacks, Jr.

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