In most states persons accused of violating the law before they are 18 years of age are under the jurisdiction of the juvenile courts, and persons accused of violating the law when they are 18 years of age or older are under the jurisdiction of the criminal courts. Some states begin prosecuting persons as adults in the criminal court system when they are 17 years of age, and some states begin prosecuting persons as adults in the criminal court system when they are 16 years of age.

But all states have transfer laws that permit or require criminal prosecution of some young offenders—even though they are still of juvenile age, as defined by the state’s laws. Transfer laws vary from state to state, but generally fall within three categories: (1) judicial waiver laws that allow juvenile courts to waive jurisdiction on a case-by-case basis; (2) prosecutorial discretion or concurrent jurisdiction laws that define a class of cases that may be brought in juvenile court or in criminal court—usually at the discretion of the prosecutor; and (3) statutory exclusion laws that grant criminal courts exclusive jurisdiction over certain classes of cases involving juvenile-age offenders.

The laws that govern when a person of juvenile age may be prosecuted as an adult in the criminal court system are generally located in a state’s statutes.

In Illinois, the jurisdiction of juvenile courts typically covers individuals who are accused of violating the law before they turn 18 years of age. However, Illinois law allows for certain exceptions where minors can be tried as adults in the criminal court system. These exceptions are governed by transfer laws, which include judicial waiver, prosecutorial discretion, and statutory exclusion. Judicial waiver allows juvenile courts to transfer a case to criminal court based on the specifics of the case. Prosecutorial discretion laws permit prosecutors to decide whether to file certain cases against juveniles in juvenile or criminal court. Statutory exclusion laws automatically exclude certain serious offenses from juvenile court jurisdiction, requiring that they be prosecuted in the adult criminal system. The exact age at which a juvenile can be tried as an adult and the types of offenses that trigger these transfer provisions are detailed in the Illinois Compiled Statutes. It is important for individuals facing such circumstances to consult with an attorney to understand how these laws may apply to their specific situation.