If your child faces a serious criminal charge, you may assume the case will stay in juvenile court. In Pennsylvania, that is not always the case. Some charges start in adult criminal court, while others begin in juvenile court and move there later.
How the case gets there depends on the charge and your child’s age. Certain offenses go straight to adult court under state law. Other felony cases reach adult court only after a juvenile judge approves the transfer. A case that starts in adult court may also return to juvenile court through decertification.
How cases reach adult criminal court
“Direct file” is a common term for a case that starts in adult criminal court. Pennsylvania sends certain direct-file offenses straight to criminal court rather than juvenile court. Murder falls into this group. Some other serious offenses also start there when your child was at least 15 and added legal requirements apply. Those requirements may involve a deadly weapon or a qualifying prior juvenile adjudication.
Certification starts in juvenile court. If your child was at least 14 when the alleged felony occurred, a juvenile judge may transfer the case after a hearing. The judge first looks for enough evidence to support the charge. The court then decides if adult prosecution serves the public interest and meets the other requirements for transfer.
How decertification may return a case to juvenile court
If your child faces murder or another specified direct-file offense in criminal court, your child could ask the court to send the case to juvenile court. Pennsylvania calls this process decertification. Your child must show by a preponderance of the evidence that transfer serves the public interest. That means your child must show that transfer to juvenile court more likely than not serves the public interest.
The judge reviews the alleged offense and any risk to public safety. The court also looks at your child’s age, maturity, past record and role in the case. It considers how much time remains for treatment or supervision within Pennsylvania’s juvenile justice system. These points help the judge decide if juvenile court remains appropriate.
Decertification does not dismiss the charge or decide guilt. It changes which court handles the case and which procedures apply.
Understanding the next steps after an adult charge
Adult prosecution brings a different court process and potentially harsher penalties. You may want to confirm the exact charge, your child’s age when the alleged act occurred and why the case entered criminal court. Reviewing those facts can help you understand your options for responding to the charges and if decertification applies.