Legal Question in Criminal Law in Arizona
If a minor age 17 is caught with marijuana but not brought befor a judge until she is 18 years old.is she tried as a minor or adult.
2 Answers from Attorneys
She will be prosecuted as an adult because she has attained the age of 18.
Depends on the statutes of each state and the crime.
Usually, in many states, a person 17-years-of-age or older (on the day the alleged offense occurred) is tried as an adult.
Arizona recognizes 18 as the "age of majority," or the age at which the state of Arizona considers residents legally an adult, under common law.
However, depending on the crime, in Arizona the 17-year-old can be charged as an adult.
And, if this occurs and the defendant has an experienced criminal attorney, that attorney will research the law in order to determine if the defendant has been properly charged and the charge brought in the right court.
For example, in Arizona, If the state has chosen to try a person (who at 17 allegedly committed the crime) as an adult, the person's attorney or the court can file a motion in the adult court to request the adult court to transfer the case to a juvenile court.
However, in that motion, evidence will need to be provided to support the motion, possibly including that public safety and the rehabilitation of the defendant will be better served if they are tried as a juvenile in juvenile court and as a juvenile offender. In order to answer this question further, we would need more information and a consultation, and research, would be required.
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