In Wisconsin, individuals are regarded as “adults” in criminal law starting at age 17. When someone younger than 17 commits a crime, it falls under the category of a “juvenile offense.” While adult and juvenile crimes share the same elements and the prosecution's burden of proof remains beyond a reasonable doubt, the key differences lie in the punishments and procedures of juvenile and adult courts.

Many times, a juvenile accused of a crime will be “waived” into adult court. Please call or email us immediately for a free consultation and a superb juvenile criminal defense.

General Facts
In juvenile court, dispositions differ from adult court sentences as they assume a juvenile should primarily return home under supervision, only being confined if other options are insufficient. For the most severe offenses where supervision isn't suitable, there are two types of juvenile detention: county juvenile detention centers and the State Department of Corrections. Both facilities cater exclusively to juveniles and provide specialized programming and treatment tailored for young individuals.

What are some common juvenile crimes?

1. Vandalism
2. Graffiti charges
3. Shoplifting and other petty theft charges
4. Simple assault
5. Underage drinking violations
6. Marijuana possession
7. Joyriding in a car
8. Sexual assault

The procedures in juvenile court are also different than those in adult court. Primarily, there are no jury trials in juvenile court. The judge is the finder of fact and finder of law in all juvenile defense cases. On a positive note, any juvenile conviction is kept under seal, not a public record. Unfortunately, if you end up in adult court at some point in your life, your juvenile convictions are relevant both during sentencing for an adult conviction and for setting bail.

Waiver into Adult Court
When a juvenile is charged with a crime in Wisconsin, the juvenile court has original jurisdiction, but the prosecuting attorney can try to waive the case into adult court. This process is usually reserved for only the most serious crimes where the prosecutor might feel that the juvenile punishment system is insufficient to address the case. In almost all circumstances, it is better to keep the case in juvenile court, and the Wisconsin juvenile defense attorneys must argue strongly to keep it there. 

Reverse Waiver
A reverse waiver is the opposite of a waiver in Wisconsin's adult court. Occasionally, a case charged in adult court may be more appropriate for juvenile court. The Madison juvenile defense attorney is responsible for filing this motion in a timely fashion; otherwise, the right to be heard on the issue will be forfeited. 

Underage Drinking
Underage drinking is not a crime. It is a civil forfeiture that is handled in municipal court. Many Wisconsin municipalities have diversionary programs that allow defendants to take an alcohol awareness class in exchange for having the ticket dismissed. If this is unavailable in your jurisdiction, you must fight these tickets on the merits. 

Possession of a Controlled Substance
This crime is identical to the adult charge. Please see Drug Crimes for further information.

Mistakes made by children can lead to significant repercussions, potentially resulting in a juvenile record for your child. The Wisconsin juvenile court system is especially complex, as these records do not automatically vanish upon turning 18. For more serious offenses, juveniles may be transferred to adult court. Additionally, if the juvenile conviction is related to a sexual offense, your child may be required to register on the sex offender registry.

Contact the best Madison juvenile defense lawyers.

Call Birdsall Muller.

Attorneys John A. Birdsall and Nicole A. Muller are Madison juvenile defense attorneys who have won countless cases over the past decades. Their aggressive juvenile criminal defense strategy is unsurpassed and has placed them among Madison, Wisconsin's best juvenile defense attorneys.

Our juvenile criminal defense lawyers in Madison know how to confront and challenge illegal police action, whether it's improper search technique or other violations; if we find that your constitutional rights were violated, your case could be dismissed.

Our law firm is simply the best juvenile criminal defense law firm in Wisconsin. Contact our Madison juvenile defense attorneys at Birdsall Muller.