In Wisconsin, individuals are considered “adults” in criminal law starting at age 17. When someone younger than 17 commits a crime, it is classified as a “juvenile offense.” Although adult and juvenile crimes share the same elements and the prosecution's burden of proof remains beyond a reasonable doubt, the main differences are in the punishments and procedures used in 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 superior juvenile criminal defense.

General Facts
In juvenile court, dispositions differ from adult court sentences because they assume a juvenile should mainly return home under supervision, with confinement used only if other options are inadequate. For the most serious offenses where supervision is not suitable, there are two types of juvenile detention: county juvenile detention centers and the State Department of Corrections. Both facilities serve only juveniles and provide specialized programs and treatment tailored for young people.

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 differ from those in adult court. Mainly, there are no jury trials in juvenile court. The judge acts as both the finder of fact and the law in all juvenile defense cases. On a positive note, any juvenile conviction remains sealed and is not a public record. Unfortunately, if you later appear in adult court, your juvenile convictions become relevant during sentencing and when setting bail.

Waiver into Adult Court
When a juvenile is charged with a crime in Wisconsin, the juvenile court possesses original jurisdiction; however, the prosecuting attorney has the authority to attempt to waive the case into adult court. This procedure is typically reserved for the gravest offenses, where the prosecutor may deem the juvenile justice system inadequate to address the matter effectively. 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. Sometimes, a case charged in adult court may be better suited for juvenile court. The Racine juvenile defense attorney must file this motion promptly; otherwise, the right to be heard on the matter will be lost. 

Underage Drinking
Underage drinking isn't a crime, but rather a civil offense that's handled in municipal court. Many Wisconsin municipalities offer diversionary programs, where defendants can take an alcohol awareness class in exchange for having their ticket dismissed. If this isn't available in your area, you'll need to fight these tickets based on the facts. 

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

Children's mistakes can lead to serious consequences, possibly resulting in a juvenile record for your child. The Wisconsin juvenile court system is particularly complicated because these records do not automatically disappear when they turn 18. For more serious crimes, juveniles may be transferred to adult court. Also, if the juvenile conviction involves a sexual offense, your child might be required to register on the sex offender registry.

Contact the best Racine juvenile defense lawyers.

Call Birdsall Muller.

Attorneys John A. Birdsall and Nicole A. Muller are Racine juvenile defense attorneys who have won countless cases over the past decades. Their aggressive juvenile criminal defense strategy is unmatched and has positioned them among the top juvenile defense attorneys in Racine, Wisconsin.

Our juvenile criminal defense lawyers in Racine know how to challenge illegal police actions, whether it's improper search techniques or other violations; if we determine that your constitutional rights were violated, your case could be dismissed.

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