Michigan

Lower Age: None specified

Upper Age: 16


Discretionary Waiver MCL Sec. 712A.4

On the motion of the prosecutor, and after a hearing, the juvenile court may waive jurisdiction over the case of a child of at least 14 accused of a felony (or any other offense, whether or not designated a felony, that is punishable by more than one year's imprisonment) if it finds that (1) there is probable cause to believe the child committed the offense alleged and (2) the best interests of the child and the public would be served thereby. The law specifies a number of factors that must be considered in making this determination, but mandates that the court give the most weight to two: the seriousness of the offense and the child's prior record.



[Note—Under a separate provision, Sec. 712A.2d, at the request of the prosecutor in a case that is not subject to direct file, the juvenile court may "designate the case as a case in which the juvenile is to be tried in the same manner as an adult"—but in juvenile court. The necessary findings, and the considerations that must be weighed, are the same as in a discretionary waiver hearing. However, if the court grants the request, the trial and sentencing take place in juvenile court, with "all procedural protections and guarantees to which the juvenile would be entitled if being tried for the offense in a court of general criminal jurisdiction."]


Offense Category Minimum Age Offense Detail

Any Criminal 14 Any felony or other offense punishable by imprisonment for more than 1 year.


Direct File MCL Sec. 600.606

In the case of a child of at least 14 accused of a "specified juvenile violation," the juvenile court has jurisdiction only "if the prosecuting attorney files a petition in the court instead of authorizing a complaint and warrant." Otherwise, the circuit court has jurisdiction. Jurisdiction over a specified juvenile violation includes jurisdiction over any lesser included offense and over any other offense arising out of the same transaction.



[Note—Under a separate provision, Sec. 712A.2d, in a case subject to direct file the prosecutor may "designate the case as a case in which the juvenile is to be tried in the same manner as an adult." In such a case, the trial and sentencing take place in juvenile court, but with "all procedural protections and guarantees to which the juvenile would be entitled if being tried for the offense in a court of general criminal jurisdiction."]


Offense Category Minimum Age Offense Detail

Certain Felonies 14 Escape or attempted escape from certain juvenile facilities; conspiracy or solicitation to escape.

Murder 14 First and second degree murder; attempted murder; conspiracy or solicitation to commit murder.

Person 14 Assault with intent to commit murder; assault with intent to maim; armed assault with intent to rob and steal; armed assault with intent to do great bodily harm; kidnapping; first degree criminal sexual conduct; armed robbery; carjacking; attempt, conspiracy, or solicitation to commit any of these offenses.

Property 14 Arson of a dwelling; bank, safe, and vault robbery; first degree home invasion while armed; attempt, conspiracy, or solicitation to commit any of these offenses.

Drug 14 Unlawful manufacture, creation or delivery of a minimum quantity of certain designated controlled substances, or possession with intent to manufacture, create, or deliver the same; any attempt, conspiracy, or solicitation to commit any of these offenses.


Once an Adult, Always MCL Sec. 712A.4(5)

The juvenile court must waive jurisdiction over any child who has previously been subject to adult court jurisdiction if it finds probable cause to believe the child committed a felony.