waiver to adult court

Question 1

Individuals subject to waiver to adult criminal jurisdiction under 31-30-1-4

Answer 1

at least 16 at the time of the alleged violation

attempted murder
murder
kidnapping 
rape
criminal deviate conduct
robbery (if with deadly weapon, or SBI)
carjacking, 
criminal gang activity
criminal gang intimidation, 
carrying handgun w/o license if charged with a felony
dealing in sawed off shotguns
children with firearms

Question 2

IC Waiver of jurisdiction defined

Answer 2

waiver of jurisdiction refers to an order of the juvenile court that waives the case to a court that would have jurisdiction had the act been committed by an adult. waiver is for the offense charged and all included offenses.

Question 3

31-30-3-2 Heinous or aggravated acts

Answer 3

Upon motion of the prosecuting attorney and after full investigation and hearing, the juvenile court may waive jurisdiction if it finds that:

(2) the child was at least fourteen (14) years of age when the act charged was allegedly committed

Question 4

31-30-3-4 Murder

Answer 4

Upon motion of the prosecuting attorney and after full investigation and hearing, the juvenile court shall waive jurisdiction if it finds that:

(1) the child is charged with an act that would be murder if committed by an adult;
(2) there is probable cause to believe that the child has committed the act; and
(3) the child was at least ten (10) years of age when the act charged was allegedly committed;

unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system.