Generally speaking, charges for criminal offenses that the state of Wisconsin brings against kids who are under the age of 17 start in children’s court through delinquency petitions. These cases go through the juvenile court in an effort to rehabilitate kids rather than putting them in “the system.” However, adult courts have jurisdiction over some crimes committed by juveniles. Here’s what you need to know.
What Cases Do Juvenile Courts in Wisconsin Have Jurisdiction Over?
The vast majority of criminal cases against kids go through criminal courts. For example, if a 13-year-old picks up a drug charge, a 14-year-old picks up an assault charge, or a 15-year-old is charged with disorderly conduct, those cases will most likely end up in juvenile court.
Related: All about juvenile law in Wisconsin
However, there are some cases that go to adult criminal courts, including:
- any juvenile alleged to have committed an act of first-degree intentional homicide
- anyone 10 or older who is alleged to have committed an act of first-degree reckless homicide or second-degree intentional homicide
- assault or battery by a prisoner after a juvenile has already been found delinquent and placed in juvenile corrections, detention or secure residential care
- any criminal offense committed by a juvenile who has been convicted of, or has a matter pending for, any offense after having been waived into adult court or for which original jurisdiction is in adult court
Sometimes prosecutors want to send cases to adult court, too – even if they don’t fall into one of those categories. Prosecutors can ask for a waiver in a juvenile delinquency proceeding if the child is 14 or older and faces charges of:
- Almost any felony that is associated with gang involvement
- Burglary
- Felony murder
- First-degree sexual assault
- Kidnapping
- Manufacturing, distributing or delivering a controlled substance
- Robbery
- Second-degree reckless homicide
- Taking a hostage
If a child is 15 or older, a prosecutor can ask to send any case to adult court. It’s up to the judge in the case to determine whether the case should remain in juvenile court or should be handled in adult court (with adult consequences, of course).
Related: Are parents financially responsible for their child’s crimes?
Do You Need to Talk to an Attorney About a Juvenile Delinquency Case?
If you need to speak to a lawyer about a juvenile delinquency case, we’re here to help. Call us at 414-383-6700 now to schedule your free consultation. Our team will be happy to answer your questions and develop a legal strategy that helps your child get the best possible outcome.
