When Juveniles Are Tried as Adults in Illinois Courts

 Posted on September 23, 2025 in Criminal Law

The focus of the juvenile justice system in Illinois for juvenile crimes is intended to be on rehabilitation rather than punishment. When the charges against a juvenile are particularly severe, prosecutors may seek to transfer the juvenile's case to adult court through a process known as a transfer hearing. If you are the parent of a juvenile who may be tried in adult court, you are likely terrified of the thought of your child facing adult penalties.

The difference between juvenile and adult court can mean years or decades in prison rather than rehabilitation in a juvenile facility.  An experienced Plainfield, IL juvenile crimes lawyer can help you understand how the transfer hearing works, what triggers a transfer hearing, and what factors the judge will consider when determining whether your child will be tried in adult court.  

What Is a Transfer Hearing in Illinois and When Does It Occur?

When a judge determines whether a minor accused of a serious crime should be tried as an adult or remain in the juvenile justice system, this is known as a transfer hearing. The judge will consider a variety of factors, including the severity of the offense. Some offenses, particularly for juveniles aged 16 and 17, may result in an automatic transfer to adult court with no hearing required. A transfer hearing can potentially transfer a juvenile as young as 13 to adult court, although this is rare. The transfer hearing does the following:

• Determines the fitness of the minor to be tried in adult criminal court rather than the juvenile court system, including any prior history of criminal behavior by the juvenile, and the age of the juvenile.
• Determines the criminal sophistication of the alleged crime, including the level of planning and sophistication involved in the offense.  
• Assesses the risk to the community posed by a minor who committed a serious crime, when weighed against the potential for rehabilitation in juvenile court.
• Considers the specific nature of the offense, including whether it was violent, aggressive, or premeditated, and whether the juvenile committed the crime in a willful, aggressive, or violent manner.

The juvenile transfer hearing is also known as a discretionary waiver hearing. This hearing is triggered by a motion from the prosecutor in cases when a minor is at least 16 years old and accused of a serious offense. This is separate from automatic transfers when a minor is directly charged in adult criminal court, absent a transfer hearing.

Offenses that trigger an automatic transfer include:

• First-degree murder (720 ILCS 5/9-1)
• Aggravated criminal sexual assault (720 ILCS 5/11-1.30)
• Aggravated battery with a firearm (when the minor personally discharged the firearm)

When a minor is automatically transferred to adult court, a reverse transfer hearing can be requested. During this hearing, the minor’s attorney must convince a judge to send the case back to juvenile court.  

What Are the Consequences of Adult Court for a Juvenile?

Juveniles tried in adult court can face the same penalties and punishments as adults, including prison sentences, fines, and probation. There is the potential for "blended sentences," which allow for a mixture of juvenile and adult penalties. The primary consequence for a juvenile tried as an adult is the loss of the juvenile court’s focus on rehabilitation. Juveniles convicted in adult court and sent to adult prison can face sexual abuse, assault, and even suicide.

Contact a Joliet, IL Juvenile Crimes Lawyer

Strong legal advocacy for your child is crucial from the moment he or she is charged with a serious crime that could be sent to adult court. An experienced Will County, IL criminal defense attorney from Reeder & Brown, P.C. may present evidence of rehabilitation potential, highlight any mitigating circumstances, and call upon expert witnesses to demonstrate the likelihood of rehabilitation.

Our firm focuses on honesty, integrity, and exemplary customer service. We have handled thousands of criminal cases, both as prosecutors and defense attorneys. Schedule your free consultation today by calling 815-885-5980.