How to Fight a Juvenile Waiver to Adult Court in Wisconsin: Timelines and Criteria
In Wisconsin, any 17-year-old is automatically charged as an adult. For minors aged 14 to 16, prosecutors must petition for a juvenile waiver to move them to adult court. Defending against this requires proving that the juvenile system has the necessary resources to rehabilitate the minor.
When a minor is arrested for a serious offense in Wisconsin, the greatest fear for any parent is that their child will be tried as an adult. The juvenile justice system focuses on rehabilitation, confidentiality, and treatment. The adult criminal system, however, is heavily focused on punishment and permanent criminal records. Whether you are facing proceedings in Milwaukee, Madison, or Green Bay, keeping your child in juvenile court is the absolute highest priority for their future.
A critical nuance in Wisconsin law is that 17-year-olds are legally considered adults for criminal purposes. They do not go to juvenile court. However, for youth aged 14, 15, or 16, prosecutors must formally request a 'waiver' to move the case to adult court. Understanding the specific legal criteria a judge uses to grant or deny this waiver is essential to building a successful defense.
The Legal Criteria for Waiving Minors into Adult Court
The process of transferring a minor to adult court is governed by the Juvenile Justice Code. Under Wis. Stat. § 938.18, a prosecutor must file a formal petition to waive jurisdiction. If the prosecutor files Form JD-1722, Wisconsin, Circuit Court, Petition for Waiver of Jurisdiction, the court will schedule a hearing. During this hearing, the judge will evaluate the case based on specific statutory criteria, including the minor's personality, prior record, the severity of the offense, and the adequacy of juvenile facilities.
Defending 14-Year-Olds vs 16-Year-Olds
Age plays a massive role in waiver hearings. A 14-year-old can only be waived for specific, severe felonies (such as homicide or armed robbery). A 15-year-old or 16-year-old can be waived for any violation of state criminal law. When defending a 14-year-old, defense attorneys heavily emphasize the child's brain development and susceptibility to peer pressure. For a 16-year-old, the defense must work much harder to prove that the remaining time before they turn 18 (when juvenile jurisdiction typically ends) is sufficient to rehabilitate them within the juvenile system.
The Role of Psychological Evaluations in Waiver Hearings
To defeat a waiver petition, it is often necessary to hire a private forensic psychologist. This expert will evaluate the minor and testify about their mental health, maturity, and capacity for rehabilitation. Courts strongly rely on these evaluations. According to standards discussed in cases like State v. Tyler T., 341 Wis. 2d 1 (WI Supreme Court 2012), a judge must give careful consideration to the minor's psychological profile and whether specialized treatment programs available through the county's juvenile system are more appropriate than adult prison.
Appealing a Waiver Decision
If the judge sitting in the Milwaukee County Children's Court, Milwaukee or the Dane County Juvenile Court, Madison grants the waiver, the minor will be transferred to adult court. However, this decision can sometimes be appealed. An appeal generally requires showing that the juvenile court judge abused their discretion by failing to properly weigh the statutory criteria outlined in the Juvenile Justice Code.
How Much Does a Defense Cost?
Fighting a juvenile waiver is a high-stakes, complex legal battle that requires significant resources.
- Defense Attorney Fees: Hiring an experienced juvenile defense attorney from our directory generally requires a retainer of $3,500 to $10,000, depending on the severity of the charges.
- Psychological Evaluations: Retaining a forensic psychologist to evaluate the child, write a comprehensive report, and testify at the waiver hearing typically costs between $2,500 and $5,000.
- Court Costs: Juvenile court proceedings do not typically have filing fees for the defense, but paying for transcripts or specialized expert witnesses can add $500 to $1,500.
How Long Does the Waiver Process Take?
Once the prosecutor files the waiver petition, the court is generally required to hold the waiver hearing before the fact-finding hearing (the trial) begins. This process typically takes 30 to 60 days. If the defense needs more time to complete psychological evaluations, the judge may grant a continuance, pushing the hearing back by several weeks.
Frequently Asked Questions (FAQ)
Can a waived juvenile be sent to an adult prison?
Yes. If waived into adult court and convicted of a felony, the minor faces the same sentencing guidelines as an adult, which can include incarceration in a state adult correctional facility.
Are juvenile records public if the case is waived?
Once a juvenile is waived into adult court, the proceedings are no longer confidential. The criminal charges, court dates, and eventual outcomes become public record, just like any other adult case.
Can the prosecutor withdraw a waiver petition?
Yes. A skilled defense attorney can sometimes negotiate with the prosecutor to withdraw the waiver petition in exchange for the minor agreeing to a strict juvenile disposition and out-of-home placement.
Does the minor have to testify at the waiver hearing?
No. The minor maintains their Fifth Amendment right against self-incrimination. The defense will typically rely on expert testimony, school records, and character witnesses rather than putting the minor on the stand.
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