When can juveniles be tried as adults in Nevada?

In Nevada, including Las Vegas and Clark County, most alleged offenses committed by children under 18 begin in juvenile court.

In certain felony cases, however, a juvenile court judge may certify the child for prosecution as an adult under NRS 62B.390. Nevada law also places a few serious cases in adult criminal court automatically.¹

When can a minor be tried as an adult?

• Murder or attempted murder:  A child who was 13 to 15 may be certified after the district attorney files a motion and the juvenile court conducts a full investigation. If the child was 16 or 17, murder, attempted murder, and related offenses arising from the same facts begin in adult court automatically.
• Other felonies at age 14 or older:  A juvenile judge may certify a child who was at least 14 when they allegedly committed conduct that would be a felony if committed by an adult.
• Other automatic adult court cases:  Adult court has original jurisdiction over certain school-related mass-harm felonies, certain delayed prosecutions of category A or B felonies, and later offenses committed after a prior adult criminal conviction.

A sexual assault or firearm allegation does not by itself make certification automatic.

How Certification Works

• Motion:  The district attorney files a motion asking the juvenile court to transfer the case.
• Hearing:  After a full investigation, the court holds a certification hearing. The state must establish probable cause.
• Court decision:  The judge considers the seriousness of the alleged offense, the child’s maturity and history, and the child’s prospects for rehabilitation in the juvenile system.

Juvenile court emphasizes rehabilitation and generally keeps records confidential, while an adult conviction can bring prison time and a public criminal record.

Here at Las Vegas Defense Group, we have represented many young people facing adult certification. In our experience, early intervention is critical because treatment records, school history, family support, psychological evaluations, and a realistic rehabilitation plan can all affect whether the case stays in juvenile court.

In this article, our Las Vegas juvenile crimes attorneys address how certification works and how we may challenge it:

• 1. Certification Process
• 2. Criminal Court Jurisdiction
• 3. Multiple Charges
• 4. Reversing Certification
• 5. Penalties
• 6. Record Seals
• 7. Juvenile vs. Criminal Courts
• Frequently Asked Questions
• Additional Resources

1. Certification Process

“Discretionary certification” is when a juvenile judge in Nevada chooses whether to transfer an eligible child’s case to adult criminal court. Children are eligible for discretionary certification in two circumstances:

1. the child is 13 to 15 and accused of murder or attempted murder, or
2. the child is at least 14 and accused of conduct that would be a felony if committed by an adult.

For a child to be transferred to adult court through discretionary certification, the district attorney first files a motion asking the juvenile court to transfer the child’s case to criminal court.

After a full investigation, the juvenile court holds a hearing and decides whether adult prosecution would better serve public safety and the public interest. The state must first show “prosecutive merit,” meaning probable cause to believe the child committed the charged offense.²

When determining whether to grant certification, Nevada juvenile courts consider:

• the nature and seriousness of the alleged offense,
• whether the state has shown probable cause,
• the child’s sophistication and maturity,
• the child’s prior record and history,
• whether related cases involving other participants should be resolved in one court, and
• the child’s prospects for rehabilitation before juvenile-court jurisdiction ends.

Nevada previously had presumptive certification rules for certain sexual assault and firearm cases. Those provisions were declared unconstitutional and were later removed from NRS 62B.390. These allegations may still support a request for discretionary certification, but they do not automatically require certification under the current statute.

2. Criminal Court Jurisdiction

There are four severe situations where the Nevada criminal court – and not the juvenile court – has jurisdiction over a child from the start. There is no need to certify them because the juvenile court never had jurisdiction over them.

The first case is when, before the new alleged offense occurred, the child had already been convicted of a criminal offense. In that situation, the later offense is handled in criminal court.

The following two cases concern minors who were 16 or 17 years old when they allegedly committed either:

1. murder or attempted murder; or
2. a category A or B felony, but either:
   • the police did not identify the child as the suspect until they reached 21 years old, or
   • the police did not identify and charge the child until they reached 20 years old and 3 months.

The final case is when a child was accused of a felony that resulted in death or substantial bodily harm to the victim, and the felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present. In addition:

• it must have been at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties, and
• the child must have intended to create a great risk of death or substantial bodily harm to more than one person using a weapon, device, or course of action that would normally be hazardous to the lives of more than one person.

Otherwise, any other alleged offense committed before age 18 begins in juvenile court. As discussed in the prior section, a judge may have discretion to certify an eligible child as an adult.³

3. Multiple Charges

If one of a child’s charges is certified for adult prosecution, any related offense arising from the same facts must transfer as well. An unrelated charge does not transfer merely because another case or charge was certified.

Example: Susan is 17 when she offers a john to have sex for $200. While in their hotel room, Susan steals his Rolex. Susan gets arrested and goes to Juvie Court, where she gets charged with the misdemeanor of soliciting prostitution as well as the felony of grand larceny.

Because of the felony and Susan’s age, the judge has the discretion to certify her as an adult to be tried in criminal court. If the judge decides to transfer her, the solicitation court case transfers as well because both charges arose out of the same case.

4. Reversing Certification

After a discretionary certification in Nevada, the child may petition the adult criminal court to send the case back, but only by showing “exceptional circumstances.” The statute does not define that term or guarantee a reverse transfer merely because the juvenile system may offer better treatment.⁴

This is a two-step process. First, the adult court decides whether exceptional circumstances justify transferring the case back. If it orders a transfer, the juvenile court then decides whether those circumstances warrant accepting jurisdiction. Because this remedy is narrow, it is usually better to present the strongest rehabilitation and mitigation evidence at the original certification hearing.

Remember that a child can never be transferred from criminal court to juvenile court if any one of the four exceptions listed above in section 2 applies. In those cases, the criminal court has “exclusive and original” jurisdiction over a child’s case even though they were under 18 at the time of the alleged offense.

5. Penalties

6. Record Seals

In Nevada, most juvenile court records must be sealed automatically within 60 days after the child turns 18. If Juvenile court or agency jurisdiction continues at age 18, the records generally must be sealed within 60 days after that jurisdiction ends. Different rules apply to certain serious delinquent acts, whose records ordinarily cannot be sealed before age 30.

In contrast, an adult criminal conviction is not sealed automatically. Nevada’s waiting period generally ranges from one to 10 years after the person is released from custody or discharged from probation or parole, depending on the offense, and some convictions can never be sealed. An adult conviction can affect employment, housing, professional licensing, immigration status, and firearm rights.⁶

This criminal record issue is one of the primary reasons we work so hard to keep cases in juvenile court: Our goal is not just to receive leniency in penalties, but also to minimize any long-term consequences.

7. Juvenile vs. Criminal Courts

Juvenile court and criminal court use different words to mean similar things, so it is easy to get confused. The following chart outlines the key terms in juvenile court and their equivalent in criminal court in Nevada.

Juvenile Court Term	Criminal Court Term
Delinquent act	Criminal act
Contested hearing	Trial
Admit or deny a charge	Plead guilty or not guilty to a charge
Adjudicated delinquent	Found guilty (convicted)
Disposition	Sentence

Juvenile court and criminal court provide defendants with many of the same rights, such as the right to an attorney (counsel). However, there are no jury trials in juvenile court – only bench trials: The juvenile court judge determines whether the child is delinquent and how to punish them.

In addition, Nevada has a Juvenile Justice Bill of Rights that provides children placed in detention facilities with protections including:

1. Fair and equal access to services, care, and treatment.
2. Respect and dignity with no intentional humiliation.
3. Appropriate and state-standardized education while in custody.
4. Sufficient and healthy food.
5. Basic necessities, including clothing, shelter, and hygiene products.
6. Medical care, including behavioral health care.⁷

Frequently Asked Questions

What happens to my child’s juvenile record when they turn 18?

Most juvenile records in Nevada must be sealed automatically within 60 days after your child turns 18. If juvenile jurisdiction is still active at that time, sealing generally occurs within 60 days after jurisdiction ends. Certain serious adjudications are subject to special rules and ordinarily cannot be sealed before age 30. An adult conviction is not sealed automatically, and the waiting period depends on the offense.

What rights does my child have in juvenile detention?

Under Nevada’s Juvenile Justice Bill of Rights, detained juveniles have rights to fair access to services, respectful treatment, standardized education, sufficient food, necessities, medical care, including:

• mental health services and
• protection from intentional humiliation.

Do juvenile offenders have the right to a jury trial in Nevada?

No. In the Nevada juvenile justice system, there are no jury trials.

A juvenile court judge oversees the case in what is called a “contested hearing” (a bench trial). The judge alone determines whether the child committed the delinquent act and what the appropriate disposition (punishment) will be.

However, if your child’s case is certified and transferred to adult criminal court, they gain the right to a trial by a jury of their peers.

What are the collateral consequences of being convicted as an adult instead of a juvenile?

In addition to possible jail, prison, and fines, a juvenile convicted in adult court receives a public criminal record. Depending on the offense and the person’s circumstances, that record can affect employment, housing, professional licenses, immigration status, firearm rights, and eligibility for certain programs.

Some adult convictions cannot be sealed, while others require a waiting period and a petition. These consequences are an important reason to fight certification early.

How does the primary goal of juvenile court differ from adult criminal court?

The fundamental goal of Nevada’s juvenile court is rehabilitation. The system acknowledges that minors are still developing and focuses on getting them the support they need to turn their lives around through counseling, community service, and education.

Adult criminal court places greater emphasis on punishment and deterrence, and a conviction can result in county jail or state prison. Even so, when sentencing someone for an offense committed before age 18, the judge must consider the diminished culpability and typical characteristics of youth.

Can a child under 13 ever be tried as an adult in Nevada?

Generally, a child must have been at least 13 to be certified for murder or attempted murder and at least 14 to be certified for another felony. However, Nevada separately excludes a few cases from juvenile-court jurisdiction without stating age 13 as an absolute minimum. One example is a qualifying school-related felony intended to create a great risk of death or substantial bodily harm to more than one person.

Therefore, a child under 13 cannot ordinarily be certified under NRS 62B.390, but it is too broad to say that adult prosecution is legally impossible in every case.

Can a juvenile case be resolved with a plea agreement in Nevada?

Yes. Just like in the adult criminal justice system, your defense attorney can negotiate with the prosecutor (the District Attorney) to reach a plea agreement before a contested hearing (a bench trial) takes place. If an agreement is reached, the child would “admit” to the charges (or lesser charges) in exchange for agreed-upon terms, allowing them to avoid the risk of a bench trial and potentially keeping the case from being transferred to adult court.

Will an adult criminal conviction affect my child’s future?

Potentially. An adult conviction creates a public criminal record and may affect employment, housing, professional licensing, immigration status, firearm rights, and eligibility for certain opportunities. The precise consequences depend on the offense and the person’s circumstances.

A conviction does not automatically prevent someone from receiving an ordinary car loan, mortgage, or federal student aid. Still, the broader employment and housing effects of a public record can create financial difficulties.

Additional Resources

For additional information on juvenile justice laws, refer to the following:

• Clark County Juvenile Detention Center – Our information page about Las Vegas Juvie Hall.
• Eighth Judicial District Court Juvenile Court – Official page of the Juvenile Court in Clark County (including Las Vegas).
• Nevada Juvenile Justice Services – Serves youths committed for delinquent behavior or mental illness.
• Nevada Child Welfare Services – Assesses the needs of children and their families. Helps provide shelter, foster care, and counseling.
• Trying Juveniles as Adults: An Analysis of State Transfer Laws and Reporting – Article by the Office of Juvenile Justice and Delinquency Prevention (OJJDP).