While anyone under the age of 18 is normally entitled to go through the juvenile criminal justice system, under certain circumstances, the state may seek to try a juvenile in the adult criminal justice system. The prosecutor must file a motion for waiver of the case to the adult court within 60 days of the start of the case.
Only children 15 years old or older can be tried in adult criminal court. In addition, only certain offenses are eligible, including homicide, strict liability for drug-induced death, first-degree robbery, sexual assault, aggravated assault, carjacking, kidnapping, aggravated arson, and certain drugs and weapons offenses.
Typically, the prosecution must also demonstrate to the court that the possibility of rehabilitation is outweighed by the public interest or the risks to public safety by not trying the juvenile in the adult court system.