Can My Child Be Charged as an Adult in Minnesota?
When your child is charged with a crime, one of the most terrifying questions you may face as a parent is this: Can my child be prosecuted as an adult? In Minnesota, the answer is—yes. Under certain circumstances, if your child is 14 years or older, the law allows prosecutors to seek what's called adult certification, meaning your child could be tried and sentenced in adult criminal court, with all of the consequences that follow.
If your child is facing serious charges—especially violent or sex-related felonies—it's critical to speak immediately with a Minnesota criminal defense attorney who is also a Board Certified Criminal Law Specialist. These cases are high-stakes, and the wrong approach can alter your child’s life forever. Reach out to Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.
What Charges Can Lead to Adult Certification?
Not every juvenile offense qualifies for adult prosecution, but certain serious crimes often prompt prosecutors to pursue certification, including:
Criminal sexual conduct (rape, molestation, statutory sex offenses)
Violent assaults
Weapons-related felonies
Felony offenses with presumptive prison sentences
In these cases, prosecutors may argue that public safety demands the case be transferred to adult court—where your child will face adult sentencing guidelines, including potential prison time.
How Does Adult Certification Work?
The process starts with a contested certification hearing in juvenile court. Here, the court evaluates two main questions:
Is there probable cause to believe the juvenile committed a felony?
Is public safety better served by handling the case in adult court?
To answer these, the court considers several factors, such as the severity of the offense, whether a weapon was used, prior criminal history, and the child’s level of sophistication and maturity.
If the judge finds clear and convincing evidence that the public interest is better served by adult prosecution, the case is certified—and your child will now face the full weight of the adult criminal justice system.
The Burden of Proof Depends on Age
One critical point: The legal burden shifts depending on your child’s age.
Ages 14–15: The presumption is that the case should remain in juvenile court. The prosecution must prove why it should move to adult court.
Ages 16–17: The presumption flips—the default is adult court, and now the defense must prove why it should stay in juvenile court.
This age-based burden shift is incredibly important and is one more reason to have an experienced defense attorney involved immediately.
An Alternative: Extended Juvenile Jurisdiction (EJJ)
In some cases, there may be a middle-ground option called Extended Juvenile Jurisdiction (EJJ). This hybrid approach keeps the case in juvenile court but imposes an adult sentence that is stayed—in other words, held in reserve.
Your child would receive a juvenile sentence with strict conditions, and if they successfully complete that sentence, they avoid the adult penalty. However, if they violate those conditions, the court can impose the adult sentence—potentially sending your child to prison.
This approach can be a powerful tool for avoiding full adult certification while still demonstrating accountability and structure.
The Bottom Line: Get Expert Legal Help Immediately
If your child has been charged with a serious offense—especially rape, criminal sexual conduct, or a violent felony involving a weapon—the risk of adult certification is real, and the consequences are enormous.
You need a skilled advocate who understands both the juvenile and adult systems—and how to protect your child from the harshest penalties possible.
Go With the Best
Jack Rice is a Board Certified Criminal Law Specialist, a former prosecutor, and a former CIA officer. As the founder of Jack Rice Defense, he brings decades of experience and strategic insight to the most serious cases facing juveniles and their families.
📞 Contact Jack Rice Defense today for a free and confidential consultation.
Call 651-447-7650 or 612-227-1339
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