It's every parent's worst nightmare: Having their middle school or high school-aged son or daughter arrested and put behind bars. On the news and in the media, parents hear about juveniles being "tried as adults." How and when does this happen?

Occasionally, a juvenile case is transferred to adult criminal court. This happens when a crime is particularly serious, or when a juvenile continues to get in trouble and the judge uses a "waiver" to strip the minor of the protections afforded by juvenile court.

On one hand, adult court provides additional constitutional protections, but having a case tried in adult court is not seen as a good thing. In adult court, the juvenile is at a disadvantage because he or she is subject to harsher punishment – the same punishment that an adult would face if they committed the crime.

How old does a juvenile have to be?

Though the procedures vary from state-to-state, generally, the juvenile has to be at least 16-years-old to qualify for a waiver for adult court. But there are some states that allow youth as young as 13 to be eligible for a waiver.

Some states don't set age limits on homicide offenses. Meaning, there's no age limit set on extremely serious crimes, such as murder. Nationwide, many states are working to lower the minimum age to be tried in adult court.

Why are jurisdictions trying to lower the minimum age for a waiver? Because, many believe that juvenile crime is on the rise, especially as it pertains to gang activity, therefore, the tolerance for juvenile offenders is on the decline as they get younger and younger.

A juvenile offender is at a higher risk of being remanded to adult court if: he or she committed a serious offense, the minor is a repeat offender, the offender is older, or the past efforts of rehabilitating the juvenile have not succeeded.

If your son or daughter is facing adult court, contact a criminal defense attorney at once for help!