Act 33 and Trying Minors as Adults in Arkansas: When a Juvenile Faces Criminal Court
Under the Arkansas Juvenile Code, prosecutors can directly charge youths as young as 14 as adults for severe felonies. A transfer hearing in the Circuit Court is required to move the case back to the juvenile system, potentially avoiding a lifelong adult criminal record.
Finding out your child has been arrested is a parent's worst nightmare. In Arkansas, that nightmare can quickly escalate if the prosecuting attorney decides to charge your child as an adult. Through the direct-file mechanism of the Arkansas Juvenile Code (often colloquially referenced alongside juvenile adult-transfer procedures), Arkansas law allows prosecutors to bypass the juvenile system entirely for certain serious offenses. When a minor is "direct-filed" into the adult criminal justice system, they face the exact same harsh penalties as an adult, including lengthy prison sentences in adult facilities and a permanent felony record that can ruin their future.
The juvenile justice system focuses on rehabilitation, counseling, and treatment, whereas the adult system is designed for punishment. If your child is facing adult charges in Little Rock, Fayetteville, Jonesboro, or anywhere in Arkansas, taking immediate legal action is critical. You must fight to get the case transferred back to the Juvenile Division of the Circuit Court. We highly recommend using our United States Attorney Directory to find a skilled local criminal defense lawyer who specializes in juvenile transfer hearings to protect your child's life and liberty.
Step-by-Step Process in Arkansas
The process of trying a minor as an adult, and the defense strategy to stop it, is governed by the Arkansas Juvenile Code under Ark. Code Ann. § 9-35-412 (formerly codified at Ark. Code Ann. § 9-27-318). Whether your child was arrested in Pulaski County or Sebastian County, the legal steps to fight an adult direct file generally follow this path.
Step 1: Understanding Age Limits and Triggers
Prosecutors cannot charge just any child as an adult. The law sets strict age and offense requirements. A minor aged 14 or 15 can be charged as an adult if they are accused of specific violent felonies, such as capital murder, first-degree murder, kidnapping, or aggravated robbery. If the minor is 16 or 17 years old, the prosecutor has even broader discretion and can charge them as an adult for any felony offense, regardless of whether it is violent or non-violent.
Step 2: Filing the Motion to Transfer
If the prosecutor files the case directly in the adult Criminal Division of the Circuit Court, your defense attorney must immediately file a Motion to Transfer to Juvenile Division. This motion formally requests that a judge review the case and determine if the child is better suited for rehabilitation in the juvenile system rather than punishment in the adult system.
Step 3: The Transfer Hearing (Mandatory Statutory Factors)
The transfer hearing is a high-stakes mini-trial. Under Ark. Code Ann. § 9-35-412 (and legislative updates under Act 988 of 2025), the judge must evaluate mandatory statutory factors to make their decision. Your lawyer will present evidence, psychological evaluations, and testimony to address these factors. These include the seriousness of the offense, whether violence was involved, prior history with the Arkansas Division of Youth Services, Little Rock, mental maturity, rehabilitation potential before age 21, and required considerations of adverse childhood experiences (childhood trauma), involvement with the child welfare system, or whether the child is a victim of human trafficking or sexual abuse.
Step 4: The Judge's Ruling and Appeal
After hearing the evidence, the judge will issue an order either keeping the case in adult court or transferring it to juvenile court. Because this decision has a lifelong impact on a minor, Arkansas law allows the defense to immediately appeal a judge's decision to keep the child in adult court. During this appeal, the actual criminal trial is paused.
How Much Does it Cost in Arkansas?
Defending a child facing adult felony charges requires extensive preparation and expert witnesses.
| Legal Expense | Estimated Cost in USD |
|---|---|
| Criminal Defense Retainer | $5,000 - $15,000+ (depending on the charge severity) |
| Psychological Evaluations | $1,500 - $3,500 (Crucial for proving immaturity) |
| Private Investigator Fees | $1,000 - $3,000 (To challenge the state's evidence) |
| Court Filing Fees | Generally nominal or waived in criminal defense |
How Long Does the Process Take?
Once your attorney files the motion to transfer to juvenile court, the court typically schedules the hearing within 30 to 90 days. This requires gathering school records, psychological assessments, and character witnesses quickly. If the case remains in adult court and proceeds to a full jury trial, the entire legal process can take 12 to 24 months from the date of the arrest.
Frequently Asked Questions (FAQ)
Where will my child be held while waiting for trial?
If charged as an adult, the child may be held in a county jail, but federal and state laws generally require they be housed "sight and sound separated" from adult inmates, often in a specialized juvenile detention center until they turn 18.
Can an adult felony conviction be expunged for a minor?
It is incredibly difficult. While Arkansas has expungement laws, severe violent felonies (like aggravated robbery or murder) generally cannot be sealed or expunged, leaving the child with a permanent criminal record.
Does the victim have a say in the transfer hearing?
Yes. Under Arkansas victims' rights laws, the victim or their family has the right to be present at the transfer hearing and may provide a statement to the judge regarding how the crime impacted them.
What happens if we lose the transfer hearing?
If the judge denies the transfer, the case proceeds exactly like a standard adult criminal case. Your attorney will shift strategies to negotiating a plea deal or preparing for an adult jury trial.
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