Juvenile Charged as an Adult Lawyer Chicago, Illinois

Juvenile Charged as an Adult Lawyer in Chicago Serving All of Cook County

When prosecutors seek to move a child from juvenile court into the adult criminal system, your family is dealing with two battles at once: defending against the underlying allegation and fighting over where the case will be prosecuted. These cases require a defense strategy that addresses both issues from the beginning.

At Combs Waterkotte, our Chicago criminal defense lawyers understand that children should not simply be treated as younger versions of adult defendants. We investigate the underlying evidence while also developing information about the child’s age, background, education, mental health, family environment, role in the alleged offense, exposure to peer pressure, and potential for rehabilitation.

We also examine whether police lawfully searched, arrested, or questioned your child and whether prosecutors can establish the requirements for transferring the case. If we can contest adult prosecution, we’ll present the facts supporting continued juvenile treatment. If the case proceeds in criminal court, we are prepared to defend the underlying felony charges and present the youth-related mitigation Illinois law requires courts to consider.

When your child’s freedom and future are at stake, early action can make all the difference. Contact Combs Waterkotte at (314) 900-HELP or reach out online for a confidential consultation.

When Can a Juvenile Be Charged as an Adult in Illinois?

Not every serious juvenile case belongs in adult criminal court. Illinois law provides several different routes through which a minor may face prosecution under the state’s criminal laws.

Excluded Jurisdiction

Under 705 ILCS 405/5-130, a minor who was at least 16 when the alleged offense occurred is excluded from ordinary juvenile jurisdiction when charged with certain specifically listed offenses. Those offenses currently include:

• First degree murder
• Aggravated criminal sexual assault
• Certain aggravated battery offenses involving a firearm (when the minor personally discharged the firearm)

Charges arising from the same incident generally proceed under Illinois criminal law when the excluded-jurisdiction provision applies.

Presumptive Transfer

Illinois also permits presumptive transfer under 705 ILCS 405/5-805 in more specific circumstances. The State’s Attorney may seek adult prosecution of a minor age 15 or older accused of a forcible felony when required prior forcible-felony history and organized-gang allegations are also present. A judge then determines whether the statutory requirements have been established and whether the presumption favoring transfer can be overcome.

Discretionary Transfer

A prosecutor can also request discretionary transfer when a minor age 13 or older is accused of conduct that would constitute a crime. This is not, however, an automatic move to adult court. A juvenile judge must hold a hearing and determine whether there is probable cause and whether prosecution under the Juvenile Court Act remains in the public interest after considering the statutory factors.

How Does a Juvenile Transfer Hearing Work in Chicago?

Most delinquency cases involving children under 18 are handled through the Cook County Juvenile Justice Division which provides court-supervised services intended to promote accountability and rehabilitation.

When the State’s Attorney files a motion seeking transfer under 705 ILCS 405/5-805, the issue must be decided before the juvenile trial begins. The child must be represented by counsel at the transfer hearing.

Depending on the type of transfer requested, the court considers factors like:

• The child’s age
• Prior juvenile or criminal history
• Previous abuse or neglect
• Mental health, physical health, and educational history
• Involvement with the child welfare system
• Seriousness and circumstances of the alleged offense
• Whether serious bodily harm allegedly occurred
• Whether a deadly weapon was allegedly involved
• Peer, family, or other outside pressure
• The child’s actual role and degree of participation
• Programs and treatment available through juvenile court
• The child’s likelihood of rehabilitation

Illinois law directs courts to give greater weight to the seriousness of the alleged offense and the child’s prior delinquency record than to the other considerations listed here.

A defense attorney can do much more than argue about a police report. School records, evaluations, treatment history, witnesses, family circumstances, counseling records, and evidence showing a minor role in the alleged offense may all become important to the transfer fight.

Penalties When a Juvenile Is Prosecuted as an Adult in Illinois

There is no single sentence when a juvenile is charged as an adult. The potential punishment depends primarily on the underlying criminal offense. A minor prosecuted for a serious felony can face the sentencing range applicable to that offense rather than the rehabilitative dispositions normally associated with juvenile court.

However, Illinois law still recognizes that youth can have an impact on sentencing. Under 730 ILCS 5/5-4.5-105, a judge sentencing someone who was under 18 when the offense allegedly occurred must consider additional mitigating factors such as:

• Age, maturity, and ability to appreciate risks and consequences
• Cognitive or developmental disabilities
• Peer, family, and other outside pressure
• Family life, education, social background, abuse, neglect, or trauma
• Potential for rehabilitation
• The child’s actual role in the offense
• Prior juvenile or criminal history
• Child-welfare involvement
• Community involvement
• Relevant mental-health evaluations

The statute also gives courts discretion in many cases to decline otherwise applicable firearm sentencing enhancements (subject to statutory exceptions).

Another important distinction applies to excluded-jurisdiction cases. If the minor is ultimately found to have committed only an offense that did not itself qualify for excluded jurisdiction, Illinois law contains procedures that may affect whether sentencing occurs under juvenile or adult provisions. This means prosecution does not necessarily make every possible sentencing outcome identical.

Defense Strategies Against Adult Prosecution of a Juvenile

A strong defense may challenge both the criminal accusation and the attempt to prosecute your child as an adult. Here are some criminal defense strategies Combs Waterkotte can employ to help your child.

Challenge Whether the Case Qualifies for Adult Prosecution

Age, charging language, prior history, firearm allegations, alleged gang involvement, and the specific offense all impact charging decisions. A lawyer can examine whether prosecutors have actually satisfied every requirement of the transfer or excluded-jurisdiction statute.

Attack Probable Cause and the Underlying Evidence

Weak identification evidence, inconsistent witnesses, questionable forensic evidence, or uncertainty about your child’s participation may affect both the criminal case and the transfer analysis. Being present when an offense allegedly occurred does not automatically establish that every person present played the same role.

Build a Case for Rehabilitation

For transfer proceedings, a defense lawyer may gather school records, counseling information, mental-health evaluations, family testimony, evidence of community involvement, and available treatment options to demonstrate why juvenile services remain the best option.

Show Peer Pressure or a Limited Role

Illinois specifically allows courts to consider outside pressure and the minor’s actual degree of participation. Evidence that an older person directed the conduct, that the child acted under strong peer influence, or that prosecutors are relying on accountability rather than direct action may all be important.

Challenge an Illegal Search or Seizure

Evidence obtained through an unconstitutional search may be challenged under the Fourth Amendment. Suppressing critical evidence can affect the underlying charge and, in turn, the prosecution’s argument for transfer.

Challenge Statements Made During Juvenile Interrogation

Illinois provides specific protections for minors during police questioning. For many felony interrogations, statements made by someone who was under 18 are presumed inadmissible unless the interrogation was electronically recorded (as required by 705 ILCS 405/5-401.5). The statute also contains juvenile-specific warnings concerning silence and access to counsel.

What to Do If Your Child May Be Charged as an Adult in Chicago

The period immediately after an arrest can affect both the criminal allegations and any attempt to transfer the case. Parents should consider the following when their child is arrested:

• Get a juvenile defense lawyer immediately — Transfer motions can arise before trial, and preparing rehabilitation evidence takes time.
• Tell your child not to answer substantive questions without a lawyer — Trying to “clear things up” can create damaging statements.
• Do not coach your child on what to say — Preserve the integrity of the defense and let the attorney handle questioning and preparation.
• Preserve messages, videos, location data, and other evidence — Do not delete anything that could later provide context or support the defense.
• Gather school and treatment records — Academic performance, evaluations, counseling, and services may become relevant to rehabilitation.
• Identify positive adults in the child’s life — Teachers, coaches, counselors, relatives, and mentors may possess useful information.
• Avoid social media discussion — Posts by the child, parents, friends, or relatives can complicate the case.
• Follow every release and court condition — New allegations or violations can make an already serious situation more difficult.

Illinois law also requires law enforcement to make reasonable efforts to notify a parent or other legally responsible person when a minor is arrested and held.