When is a Minor Tried as an Adult in Louisiana? Transfer Hearings Explained
In Louisiana, minors aged 15 or older who commit severe crimes like murder or aggravated rape can be automatically transferred to adult court. A conviction in adult court carries adult prison sentences, completely bypassing the rehabilitation focus of the juvenile system.
The juvenile justice system was designed with a fundamental belief: children have a unique capacity for rehabilitation and should not be subjected to the harsh, punitive environment of adult prisons. However, Louisiana law draws a hard line when it comes to violent or severe crimes. Under specific circumstances, the protective shield of the juvenile court is stripped away, and a minor is transferred to the adult criminal justice system. Once a child is tried as an adult in cities like New Orleans, Shreveport, or Lake Charles, they face the exact same mandatory minimums, life sentences, and permanent felony records as a 40-year-old repeat offender. If your child is facing a potential transfer to adult court, their entire future is on the line. We urgently recommend browsing our directory to hire a top-tier Louisiana criminal defense lawyer.
Step-by-Step Transfer Process
The process of moving a child from the jurisdiction of a juvenile court to an adult district court involves aggressive legal maneuvering by the prosecution. Understanding this timeline is essential for building a defense.
Step 1: The Arrest and Initial Detention
When a minor is arrested for a severe crime, they are initially taken to a juvenile detention center. Within 72 hours, a continued custody hearing is held in a court such as the Caddo Parish Juvenile Court, Shreveport to determine if the child should remain locked up while charges are investigated.
Step 2: The District Attorney's Charging Decision
The local prosecutor will review the police reports. If the crime fits specific statutory criteria based on the child's age and the severity of the offense, the prosecutor must decide whether to file a delinquency petition in juvenile court or file a bill of information/indictment directly in adult court.
Step 3: The Transfer Hearing (If Applicable)
If the transfer is not automatic, the state must request a formal transfer hearing. During this hearing, the judge evaluates evidence to determine if there is probable cause that the child committed the crime and whether the child is 'amenable to treatment' within the juvenile system. If the judge rules in favor of the state, the case is officially divested to the adult criminal court system.
Mandatory vs. Discretionary Transfers
The rules governing when a child is tried as an adult are outlined in La. Ch.C. art. 305. Following 2024 La. Acts (2nd Ex. Sess.) No. 13, all 17-year-olds are automatically prosecuted as adults, meaning juvenile transfer procedures apply strictly to youth aged 14 to 16. The law divides transfers into two distinct categories: legislative waiver (automatic) and discretionary transfer.
Mandatory (Automatic) Transfer: If a child is 15 years of age or older and is accused of first-degree murder, second-degree murder, aggravated rape, or aggravated kidnapping, the juvenile court automatically loses jurisdiction. The Orleans Parish District Attorney's Office, New Orleans or any other parish DA has the absolute authority to file these charges directly in adult court. The child has no right to a transfer hearing in these specific, severe cases.
Discretionary Transfer: For other serious offenses-such as armed robbery, attempted murder, or aggravated battery-the District Attorney has the discretion to request a transfer if the child is 14 years or older (or 15, depending on the specific charge). In these scenarios, the juvenile court judge must hold a transfer hearing. Under La. Ch.C. art. 862 and precedents like State v. A.D.A., 26 So. 3d 154 (LA Court of Appeal 2009), the court must heavily weigh the child's prior record, psychological profile, and the violent nature of the offense before divesting jurisdiction.
The Role of the District Attorney in Charging Decisions
In Louisiana, the District Attorney wields immense power over a juvenile's fate. Because of the direct file provisions in Article 305, the prosecutor can unilaterally decide to bypass the juvenile court entirely for eligible crimes. This means the DA can file a Bill of Information under La. C.Cr.P. art. 382 and La. C.Cr.P. art. 464 directly in the adult system without a judge ever evaluating the child's mental state or background. This immense prosecutorial power makes it absolutely critical for your defense attorney to negotiate with the DA's office before the formal charging decision is made.
How Adult Convictions Impact a Minor's Future
The consequences of an adult conviction for a teenager are catastrophic. Unlike juvenile adjudications, which are generally confidential and do not strip away civil rights, an adult felony conviction is a permanent, public record. The minor will lose their right to vote, their right to bear arms, and their eligibility for most federal financial aid for college. Furthermore, if sentenced to prison, they will eventually be placed in an adult Department of Corrections facility, exposing them to extreme danger and cutting off access to the specialized educational and psychological rehabilitative services offered in juvenile facilities.
Strategies to Keep Cases in Juvenile Court
A skilled defense attorney will fight aggressively to keep the case in juvenile court during a discretionary transfer hearing. The defense will present a comprehensive psychological evaluation of the child, testimony from teachers or coaches, and evidence of trauma or learning disabilities. The goal is to prove that the child is not a hardened criminal, but rather a youth who is highly 'amenable to treatment and rehabilitation' in a secure juvenile facility before their 21st birthday.
How Much Does Legal Defense Cost in Louisiana?
Defending a child facing adult felony charges requires massive legal resources, often mirroring the cost of an adult murder or violent felony trial.
| Defense Expense | Estimated Cost in Louisiana |
|---|---|
| Elite Criminal Defense Retainer | $10,000 - $25,000+ |
| Forensic Psychologist (Evaluation & Testimony) | $3,500 - $8,000 |
| Private Investigator | $1,500 - $5,000 |
How Long Does the Process Take?
If a child is transferred to adult court, the legal process slows down significantly. While juvenile cases are usually resolved in a few months, an adult felony trial involving a minor can easily take 12 to 24 months of pre-trial motions, discovery, and scheduling before it ever reaches a jury in a court like the Orleans Parish Criminal District Court, New Orleans.
Frequently Asked Questions (FAQ)
Can a 13-year-old be tried as an adult in Louisiana?
No. Under Louisiana law, a child must be at least 14 years old to be transferred to adult court for specific violent offenses, and at least 15 years old for the automatic transfer provisions (like murder) to apply.
If tried as an adult, will my child go to an adult prison immediately?
If convicted as an adult, the judge may order the child to be held in a juvenile facility until they reach the age of 18 or 21, at which point they will be transferred to an adult Department of Corrections prison to serve the remainder of their sentence.
Can we appeal a judge's decision to transfer the case?
Yes. If a judge grants a discretionary transfer after a hearing, your defense attorney can file an interlocutory appeal to the Louisiana Court of Appeals to challenge the decision before the adult trial begins.
Can a child receive the death penalty in Louisiana?
No. The United States Supreme Court ruled in Roper v. Simmons, 543 U.S. 551 (US Supreme Court 2005) that it is unconstitutional to impose the death penalty for crimes committed while the offender was under the age of 18.
No reviews yet. Be the first to share your experience!