What is the process for determining if a juvenile should be tried as an adult?

In the state of Virginia, the decision of whether to try a juvenile as an adult is made by the court in a judicial process known as a transfer hearing. During the transfer hearing, the court considers the age of the juvenile, the severity of the offense, the juvenile’s prior criminal record, and any relevant factors provided by the Commonwealth’s attorney and the defense. Additionally, the court will consider whether the juvenile has exhibited the maturity and capability to abide by laws, and the likelihood of the juvenile to be rehabilitated. If a transfer hearing is granted, the juvenile will be treated as an adult in the criminal justice system, meaning they would face adult penalties for any convictions. To determine whether transferring the juvenile to adult court is appropriate, the court will use the Juvenile and Domestic Relations District Court’s criteria for transferring cases that include involving violent felonies, the juvenile’s prior criminal history, and the juvenile’s age. If the court is not satisfied that the juvenile should be tried as an adult, the case will remain in juvenile court. Ultimately, the decision to transfer a juvenile to adult court is a difficult one and the court must make a balanced decision based on the individual factors of the case. It is important to note that this decision is not made lightly, as the court must consider the potential risks and benefits of transferring the juvenile to adult court.

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What is the process for determining if a juvenile should be tried as an adult?

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