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Fighting for Decertification in Act 33 Cases in Allegheny County

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Fighting for Decertification in Act 33 Cases in Allegheny County

When a juvenile is charged with a serious offense in Pennsylvania, their case may be filed in adult court under Act 33, a law designed to address certain violent crimes committed by minors. While this process is intended to hold juveniles accountable, being tried as an adult can lead to severe consequences, including exposure to harsh penalties and a permanent criminal record. However, there is hope—through the process of decertification, it may be possible to transfer the case back to juvenile court, where the focus is on rehabilitation rather than punishment.

At Frank Walker Law, we understand the high stakes involved in Act 33 cases and are dedicated to fighting for the best possible outcome for our clients. Here’s what you need to know about Act 33 and the decertification process in Allegheny County.

What Is Act 33?

Act 33 of Pennsylvania allows certain juveniles aged 15 and older to be automatically charged as adults if they are accused of specific offenses, including:

Being tried in adult court subjects the juvenile to adult penalties, which may include lengthy prison sentences and limited access to rehabilitative services. For many young individuals, this path can derail their future and make reintegration into society significantly more challenging.

What Is Decertification?

Decertification is the legal process of transferring a case from adult court back to juvenile court. To succeed in a decertification motion, the defense must demonstrate that the juvenile’s case would be better handled in the juvenile system. The juvenile court’s focus on rehabilitation, rather than punishment, is often more appropriate for young offenders who have the potential to reform.

Factors Considered in Decertification

When deciding whether to grant a decertification motion, the court considers several factors, including:

  1. Age of the Juvenile: Younger offenders are more likely to be eligible for decertification.
  2. Nature of the Offense: While serious offenses are charged under Act 33, the court will assess the specific circumstances of the alleged crime.
  3. Rehabilitative Potential: Evidence that the juvenile is amenable to treatment, counseling, or other rehabilitative programs can weigh in favor of decertification.
  4. Criminal History: A juvenile with little to no prior record is more likely to be considered for decertification.
  5. Public Safety: The court will evaluate whether the juvenile’s release poses a risk to the community.

How to Fight for Decertification

If your child is charged under Act 33, it’s essential to act quickly and build a strong case for decertification. Here are the steps to take:

  1. Hire an Experienced Attorney: Navigating Act 33 cases and the decertification process requires a deep understanding of both the juvenile and adult criminal systems. An experienced attorney can assess your child’s case and advocate effectively for decertification.

  2. Gather Evidence: Your attorney will collect evidence to demonstrate your child’s rehabilitative potential, including school records, character references, and expert evaluations.

  3. Present a Strong Argument: At the decertification hearing, your attorney will argue that your child’s case belongs in juvenile court, emphasizing their capacity for rehabilitation and the benefits of a less punitive approach.

  4. Address Public Safety Concerns: A well-crafted decertification motion will include measures to address any public safety concerns, such as participation in supervised programs or counseling.

Why Decertification Matters

The juvenile justice system is designed to provide young offenders with the tools and support they need to turn their lives around. By contrast, the adult criminal system prioritizes punishment, often leading to harsher sentences and fewer opportunities for rehabilitation. Successfully obtaining decertification can:

  • Reduce the risk of a permanent criminal record.
  • Allow the juvenile to access rehabilitative programs.
  • Protect the juvenile from the dangers of adult prison.
  • Increase the chances of a positive future.

How Frank Walker Law Can Help

At Frank Walker Law, we are committed to protecting the rights and futures of young individuals charged under Act 33. We will:

  • Conduct a thorough investigation of the charges.
  • Build a compelling case for decertification.
  • Advocate for your child’s best interests at every stage of the legal process.

Take Action Today

If your child is facing charges under Act 33 in Allegheny County, don’t wait to seek legal help. The stakes are too high to navigate this process alone. Contact Frank Walker Law today for a confidential consultation. Let us fight to bring your child’s case back to juvenile court and work toward a brighter future.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.

If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.