In some very specific cases, the prosecution can ask the juvenile case to be transferred to the Adult Court in order to try the juvenile as an adult (and to also punish him as an adult). This only can occur in very specific serious felony offenses and if the juvenile is fourteen (14) years of age or older.
An "automatic transfer" will occur if the juvenile is fifteen (15) years of age or older and has been alleged to have committed a violent crime. This would automatically include First Degree Murder, Second Degree Murder, Rape or Forcible Sexual Assault, Armed Robbery, Aggravated Assault, and crimes of this nature. In addition, if the juvenile has two (2) prior juvenile adjudications (i.e. two (2) prior "convictions") and he believes it is required to protect the public's safety, then the Prosecutor has discretion to transfer the juvenile to Adult Court by designating that juvenile a "chronic felony offender",. In other situations, the Prosecutor must file a Motion with the Juvenile Court requesting the transfer of the juvenile. The Court has discretion in these situations and they will review all factors before making their determination. This Transfer Hearing must be held within thirty (30) days of the Advisory Hearing or within thirty (30) days after the Motion for Transfer was filed (which ever is later). If the Court denies the Motion for Transfer, then an "Adjudication Hearing" will take place approximately thirty (30) days after that ruling.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
1-888-8CANTOR 480-858-0808
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Tempe, Arizona 85282
Dismissed |
07/11/08 |
Super Extreme DWI, Extreme DWI, and DWI Only |
Not Guilty |
06/11/08 |
Unlawful Flight |
Dismissed |
06/11/08 |
DUI & DWI |
Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
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