When a minor is accused of a crime in Wisconsin, the case typically begins in juvenile court — a system designed around rehabilitation rather than punishment. But the protections of juvenile court are not absolute, and serious offenses can result in adult prosecution with adult consequences.
Juvenile Court Jurisdiction
Wisconsin’s juvenile court has jurisdiction over children under 17 years of age who are alleged to have committed a delinquent act. The focus is on rehabilitation, and dispositions (the juvenile equivalent of sentencing) typically involve supervision, counseling, community service, or placement in a juvenile facility rather than incarceration.
Juvenile records are generally confidential and not accessible to the public — a significant distinction from adult criminal records.
Waiver to Adult Court
For serious offenses, the juvenile court can waive jurisdiction and transfer the case to adult criminal court. Wisconsin also has “adult court jurisdiction” for certain offenses committed by 17-year-olds, which are automatically filed in adult court. Once in adult court, a minor faces adult penalties and a permanent adult criminal record.
Offenses that can trigger adult court include first-degree homicide, first-degree sexual assault, and armed robbery — but prosecutors have discretion to seek waiver for a broader range of serious felonies.
What Parents Should Do
If your child has been arrested or is under investigation, contact an attorney before any statements are made to police. Juveniles have Miranda rights, but children under pressure often don’t exercise them effectively. An attorney can be present during questioning and advocate at every stage of the process — from the initial detention through the dispositional hearing.
Attorney Christopher Carson handles juvenile cases and understands the critical importance of keeping charges in juvenile court when possible. Call (262) 860-8932.
About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Criminal defense practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
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This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.