Q: My 17-year-old was arrested. Are they treated as an adult or a juvenile?
A: Under North Carolina’s Raise the Age law and subsequent amendments, defendants under 18 years old are automatically treated as juveniles, not adults, for most offenses. Recent updates have expanded protections further.
How It Works
Defendants under 18.5 years old in certain counties are now automatically considered juveniles. This change particularly affects Orange and Durham counties, where many cases previously involved 17-year-olds being charged as adults.
Benefits of Juvenile Court
Juvenile court offers more opportunities for diversion programs, sealed records, and counseling programs. The focus is on rehabilitation rather than punishment. A juvenile adjudication generally does not result in a criminal record that follows the young person into adulthood.
When a Juvenile Can Be Transferred to Adult Court
For serious violent felonies, the state can seek to transfer a juvenile case to adult court. This requires a hearing where the judge considers the nature of the offense, the juvenile’s age and maturity, prior record, and the adequacy of available juvenile programs.
Federal Juvenile Cases
Federal law also provides for juvenile prosecution in some circumstances, primarily for violent felonies and drug trafficking. The Federal Juvenile Delinquency Act governs these cases, and the procedures and protections differ from state law.
Related Practice Areas
North Carolina Criminal Defense | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.