Can a Juvenile Be Tried as an Adult in Michigan? Waiver Laws Explained

Finding out your child is facing criminal charges is terrifying; learning they might be tried as an adult takes that fear to a completely different level. Michigan's recent "Raise the Age" legislation successfully increased the baseline age of adult criminal jurisdiction from 17 to 18. However, this did not eliminate the ability of prosecutors to target minors for adult prosecution in severe cases. Parents in this situation generally consult with a specialized juvenile defense attorney from our directory to help navigate the complexities of the adult penal system.

Understanding Michigan's Waiver Laws

Michigan employs a complex three-tiered system to handle severe juvenile crime. Depending on the child's age and the specific crime, the path to adult court varies.

Automatic Waiver

Under Mich. Comp. Laws § 764.1f, prosecutors have the power to bypass the juvenile court entirely and file charges directly in adult criminal court. This "Automatic Waiver" is reserved for 14, 15, 16, and 17-year-olds accused of "Specified Juvenile Violations." These are the most horrific offenses, including Murder, Criminal Sexual Conduct in the 1st Degree, Armed Robbery, and Carjacking. In these cases, the juvenile is arraigned in adult court just like an adult defendant.

Prosecutorial Designation

Under Mich. Comp. Laws § 712A.2d, prosecutors can "designate" a case to be tried in the Family Division, but with adult sentencing rules. If the prosecutor designates the case, the minor faces an adult trial process (with adult rules of evidence and a jury trial). If convicted, the family court judge has the option to impose a juvenile sentence, a blended sentence, or a full adult prison sentence. This can apply to minors of any age who commit any felony, though it is mostly used for older teens.

Judicial Waiver

Under Mich. Comp. Laws § 712A.4 and Mich. Ct. R. 3.950, the prosecutor can initiate this process by filing Form JC 18, Michigan, State Court Administrative Office, Motion to Waive Jurisdiction and Notice, asking the family court judge to waive jurisdiction and transfer the 14-17 year old to adult court. The judge must hold a hearing and consider specific criteria, including the minor's prior record, the severity of the offense, and whether the minor is amenable to rehabilitation in the juvenile system.

Step-by-Step: What to Do if Your Child Faces Adult Charges in Michigan

Whether your child is held at a juvenile detention center in Wayne County or Oakland County, the steps to fight a waiver are critical.

Step 1: Exercise the Right to Silence

Attorneys typically advise invoking the 5th Amendment and not allowing a minor to speak to the police without counsel present. Law enforcement officers and detectives will often attempt to question a juvenile before parents or legal representatives arrive. Defense counsel routinely recommends stating clearly that the child is exercising their constitutional right to remain silent. If adult charges are filed, the case proceeds before adult criminal tribunals such as the Third Judicial Circuit Court, Criminal Division, Detroit.

Step 2: The Probable Cause and Waiver Hearings

If facing a Judicial Waiver, your attorney will vigorously defend your child at a two-part hearing. First, the prosecutor must prove probable cause that the child committed the felony. Second, the defense will present evidence showing why the child should remain in the juvenile system.

Step 3: Presenting Psychological and Background Defenses

To challenge a waiver request effectively, defense attorneys frequently retain expert psychologists. Under Mich. Comp. Laws § 712A.4(4) and landmark precedent People v. Dunbar, 423 Mich. 380 (MI Supreme Court 1985), courts must thoroughly examine whether the juvenile is amenable to treatment in juvenile facilities and evaluate their psychological maturity. An effective presentation often highlights that the juvenile brain is still developing and demonstrates that the minor is capable of rehabilitation within juvenile facilities, rather than being placed in an adult penitentiary.

How Much Does an Adult Waiver Defense Cost in Michigan?

Defending a minor against adult charges is the most intensive type of juvenile law practice, involving expert witnesses, multiple complex hearings, and massive stakes.

How Long Does the Process Take?

Cases involving automatic waivers or judicial waiver hearings move slowly. It can take 6 to 12 months just to resolve the jurisdictional hearings and pre-trial motions before a trial even begins. During this time, the minor is usually held in a secure juvenile detention facility, though your attorney will fight for pre-trial release.

Frequently Asked Questions (FAQ)