We reported in our blog on October 1, 2021 that after the Michigan Legislature changed the age for adult prosecutions from 17 to 18, anyone who was under the age of 18 as of October 1, 2021 who still has a criminal case pending had to have their case transferred to the juvenile court. MCL 712A.3. That was correct at the time and meant that as long as the person had not yet been sentenced, if they were not 18 as of October 1, 2021, any pending criminal case was transferred to the juvenile court. This was true even if their offense was committed before the October 1, 2021 change in the law.
But the Michigan Legislature did an about face on this and changed the law again. It amended MCL 712A.3, effective November 30, 2021.
Now, the change to 18 for adult prosecutions only applies prospectively. This means that it only applies to offenses committed on or after October 1, 2021. So, for offenses commited on or after October 1, 2021, 18 really is the new 17. But for those who had pending cases and were 17 on October 1, 2021, they still get prosecuted as adults. This is true unless their case was transferred and resolved before the November 30, 2021 change, which happened to some of our lucky clients, but not all.
It’s very confusing and caused quite a bit of whiplash. Contact us with questions and to see if you can take advantage of the age change.