How can a judge sentence you as an adult if you were a minor when arrested?

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How can a judge sentence you as an adult if you were a minor when arrested?

Don;t they have to have legal papers or release forms? They gave me nothing when I was released.

Asked on June 4, 2013 under Criminal Law, West Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Although you were a minor, the judge has discretion to determine whether or not you should be tried as an adult.  If you were tried as an adult and convicted, you are then sentenced as an adult.

There are many factors why a minor might be tried as an adult, such as commission of a felony, prior criminal record, and your age.  If you are close to 18 and committed a felony, the judge might decide you should be tried as an adult and given an adult sentence.


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