What is a juvenile transfer hearing?

A juvenile transfer hearing is a legal process used in Virginia to determine if a juvenile should be tried as an adult in criminal court. The hearing is presided over by a judge and the prosecuting attorney and the defense attorney present evidence to the court. The court looks at factors like the juvenile’s criminal history, the severity of the crime, the age of the juvenile, the potential for rehabilitation, and whether the juvenile’s case is appropriate for the juvenile justice system. The court may consider the testimony of witnesses, prior convictions, the juvenile’s prior behavior, and factors such as the juvenile’s mental health or substance abuse issues. The judge also considers the age and maturity of the juvenile as well as any other circumstances that might make it more appropriate for the juvenile to be tried in criminal court. If the judge finds that the juvenile will benefit from the juvenile justice system, the case will remain in the juvenile court system. If the judge finds that the juvenile should be tried as an adult, the case will be transferred to adult criminal court. The juvenile will then be tried by a jury and, if convicted, face the same penalties as an adult.

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