IV. Transfer To Adult Court

Question 1

What are the three methods to transfer a child to adult court?

Answer 1

1. Waiver (Judge decides)
2. Indictment (Grand Jury decides)
3. Information (Prosecutor decides)

Question 2

Explain Waiver: Who decides? Who must or may request?

Answer 2

Judge decides

Prosecutor MUST request a transfer to adult court (unless written reasons are provided) if:

1. Child is 14 or older; charged with a violent offenses and previously adjudicated for a serious violent offense
2. Child if 14 or older; charged with a felony; and had three prior adjudications or felonies

Prosecutor MAY ask Judge to transfer a child over the age of 14.

A child of any age MAY voluntarily request a waiver (transfer).

Question 3

Explain Indictment: Who decides? What is it used for?

Answer 3

Grand Jury decides

indictment is used for offenses punishable by death or life imprisonment. But note, children cannot be sentenced to death or life without parole.

Question 4

Explain Information: Who decides? Who must or may request?

Answer 4

Prosecutor decides

The prosecutor may seek to have the child direct filed, meaning the child is transferred into adult court without judicial hearing or approval.

The prosecutor MUST direct file if:

1. Child or any age steals a motor vehicle and causes serious injury or death. All “willing” passengers must be transferred to adult court
2. Child 16 or 17 is charged with a violent offense and was previously adjudicated delinquent for a violent offense
3. Child 16 or 17 is charged with a forcible felony, and has been previously adjudicated delinquent for 3 felonies - each occurring at least 45 days apart
4. Child who is 16 or 17 and possessed or discharged a firearm during commission of a serious crime

The prosecutor MAY direct file if:

1. Child I’d 14 or 15 and commits serious crime; or 16 or 17 and public interest requires consideration of adult sanctions
2. However child 16 or 17 charged with a misdemeanor can be direct filed only if previously adjudicated delinquent for two offenses - one of which must be a felony

Question 5

If a child is found guilty or pleads guilty in adult court and is sentenced as an adult, that child will be considered an adult for all _________________________________.

Answer 5

Subsequent offenses