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Waiver Trials and Serious Juvenile Crimes

Kansas City Waiver Trial and Serious Juvenile Crime Lawyers

Skilled Juvenile Defense Trial Lawyers in Kansas and Missouri

From offices located in Olathe, Kansas, the attorneys of the Law Offices of N. Trey Pettlon have extensive experience handling a wide range of serious felony criminal defense matters at every level of the criminal justice system both in state and federal court.

If your child has been accused of a serious felony in Kansas or Missouri, contact our offices today to discuss your legal concerns with one of our experienced lawyers.

Criminal Defense Attorneys Handling Serious Felonies

In the justice system, children and adults generally receive very different treatment. Traditionally the juvenile justice system was designed to rehabilitate children who have gone down the wrong path, to teach children to make good, productive decisions and keep them from future trouble. The idea was that everyone understood that children make mistakes and sometimes violate the law due to their immaturity or the lack of mentoring from responsible parents. The criminal justice system for adults traditionally focused instead on retribution and incapacitation of criminals. Today the consequences for juvenile "offenses" can be as harsh or even worse than the consequences given to adult offenders for the same offense.

As a result of the dual processes that come into play in serious juvenile cases, it is best to have an attorney who is experienced in handling juvenile and adult criminal defense. Both Ryan and Trey have extensive experience representing adults and juveniles charged with crimes. We can help.

Kansas and Missouri law allows prosecutors to seek adult prosecution for any child charged with any crime... allowing children to be treated by the courts as adults. In Kansas, prosecutors simply file a motion requesting "waiver hearing," and if the Court grants the State's motion at the end of the hearing, children are waived to adult criminal court, losing the protections of the juvenile court. Even at the age of 10, a juvenile may be treated as an adult for juvenile charges... the more serious the crime, the more likely the prosecutor will seek waiver to adult status. Certainly the government will oftentimes consider asking the court to waive a juvenile who is charged with serious felonies, such as:

  • Murder
  • Kidnapping
  • Rape, indecent liberties with a child or other sex crimes
  • Arson
  • Burglary

The filing of a waiver motion or, in Missouri, a Motion to certify a juvenile as an adult, does not depend on the guilt or innocence of the child. It is motion to simply determine if the child is going to face prosecution in adult or juvenile court…where the consequences can vary greatly.

For a juvenile accused of a crime, moving the trial to adult criminal court can be very detrimental. Depending on the age of the child, waiving a child to adult status is not the best result for the child or for the community and it can lead to irreversible damage to the child during the formative years. Certainly most children do not possess the same emotional maturity as adults, and we believe that they should be treated accordingly. Adult criminal courts are likely to overlook these differences. In the case of a child waived to adult status and convicted of a felony in adult court, the child will be sentenced under the adult sentencing guidelines, which don't make any distinction for the age of the offender.

Certainly the seriousness of the crime is one factor that prosecutors consider when deciding whether to try to waive a child to adult status. Other factors that should be considered include the age of the child, the level of maturity, whether the child is living like a child (e.g. Living at home, attending school, obeying their parents, adhering to a curfew), the child's prior juvenile record or absence thereof, what if any counseling or other services the child has had previously, what if any services are available in the juvenile court to try to rehabilitate the child.

Working Diligently To Protect Our Clients' Futures

When you come to our offices for juvenile defense matters, you can rest assured that at the Law Offices of N. Trey Pettlon we will do everything we can to protect your child's future and prevent protracted litigation. We will work to avoid waiver trials and keep your child in juvenile court. When this is not possible, we have the extensive experience in adult court to continue to aggressively and effectively protect your child's rights when prosecuted as an adult.

We have extensive experience in juvenile court across a wide range of criminal defense matters, including many serious felonies. Our attorneys have represented hundreds of juveniles charged with virtually every kind of crime. We have had tremendous success getting cases dismissed and getting other dispositions for clients that minimized the damage substantially and helped reduce the disruption the case caused to their home life, their academic career and their future. As a person charged with a juvenile offense, whether it is a felony or a misdemeanor, your child has virtually all the same rights an adult defendant possesses, and we will make sure these rights are protected.

If your child has been accused of a serious felony, and may be subject to a waiver trial, contact our offices today. We provide a free initial consultation — call us at 913-393-2100 to set up an appointment to discuss your legal concerns related to serious felonies with one of our experienced juvenile defense attorneys.

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