Transfer to adult court Flashcards
How does a juvenile voluntarily transfer to adult court?
A child for whom the juvenile delinquency jurisdiction of the circuit court has attached may opt out of the juvenile justice system and instead be tried as an adult by filing a written demand signed by both the child and the child’s parent, guardian, or guardian ad litem with the circuit court.
Is a juvenile who has been transferred to adult court in the past be subject to adult court for every subsequent offense?
Once a child has been tried in adult court, found guilty of a crime, and subject to adult sanctions, the child is subject to treatment as an adult for all subsequent law violations.
Will all cases pending be transferred to adult court once there has been a previous transfer?
When a case against a child is transferred from juvenile to adult court, any pending felony cases against the child in juvenile court that are awaiting a determination of guilt must also be transferred to adult court.
When can a state attorney file a motion to transfer a juvenile into adult court?
When a child is at least 14 years old, the state attorney has the discretion to file a motion in juvenile court to transfer the case to adult court. If the court grants the motion, the child may be tried as an adult.
Is the state required to file an information on a 15 year old suspected of committing a crime with a gun?
Generally, a state attorney is not required to file an information in adult court unless the child committing an act is at least 16 years old. Although the state attorney is required to file an information in adult court when a 16 or 17-year-old child commits or attempts to commit a felony involving a firearm, such as armed robbery, and possesses or discharges the firearm during the commission or attempt to commit the crime. (Note: The state attorney has the discretion to file an information in adult court when he believes that the public interest requires adult sanctions to be considered and imposed.)
