When the subject is a juvenile, you will need to determine whether state or federal, adult or juvenile prosecution will best accomplish your goals. Many states consider persons to be adults for purposes of criminal prosecution at an age younger than eighteen. Whether the subject will more easily be transferred to adult status in a state prosecution because of limitations on the statutory bases for federal juvenile proceedings. Juvenile delinquency proceedings can be initiated for any federal crime if the state declines to prosecute the matter.
Age plays a factor in the charging decision.
Whether it is more likely that the state will impose a harsher penalty. In addition, the period of detention may not exceed the maximum period of imprisonment authorized had the juvenile been an adult. There are at present no sentencing guidelines which are applicable to adjudications of delinquency, but the Supreme Court has held that unless an upward departure is justified by the sentencing court, juveniles may not be sentenced beyond the guideline range for a similarly situated adult. The appropriateness of available detention facilities in the state or federal system. When a convicted juvenile offender who has been transferred to adult status has reached the age of 18, federal prison officials can place the person in a regular adult institution.