Are juvenile offenders ever tried in adult courts?

Yes, juvenile offenders can be tried in adult courts in Virginia. This process is known as “waiver” and occurs when a juvenile court judge has determined that a juvenile may be tried in adult court due to a variety of factors, such as the seriousness of the offense, the maturity of the juvenile, or the likelihood of rehabilitation. Under Virginia’s law, if juvenile offenders may be waived to adult court, then prosecutors may file a “certificate of transfer” to transfer the case from the juvenile court to the adult court for trial. If a juvenile is found guilty in adult court, then he or she can face adult penalties, including being sentenced to adult jail or prison. In some cases, a juvenile court judge may transfer the case to the adult court but also allow the juvenile to be subject to the jurisdiction of the juvenile court. This is known as “reverse waiver” and typically occurs in cases when the judge believes that the juvenile may benefit from being tried in the adult court yet still have the opportunity for the rehabilitative measures offered through the juvenile court system. Overall, Virginia’s juvenile court system works to balance the need for accountability with the need for rehabilitation for juvenile offenders, and waiver is a tool used to ensure that the law is upheld when necessary.

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Are juvenile offenders ever tried in adult courts?

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