What is the process of transferring a juvenile case to adult court?

In New York, the process of transferring a juvenile case to adult court is called ‘waiver to certified’ or ‘certification’. Transferring a juvenile case to criminal court occurs when the district attorney or probation department believes a juvenile is too dangerous or too old for the juvenile justice system to take care of effectively. When determining whether a case should be transferred to adult court, the court looks at the age of the juvenile, the particulars of the offense, and the mental and physical condition of the juvenile. The judge will also analyze the juvenile’s previous criminal record and any other factors, such as the juvenile’s ability to understand the proceedings and the available resources for rehabilitation. Typically, a certification hearing is held if the district attorney or probation department files a petition to transfer a case to criminal court. At the waiver hearing, the judge will decide whether the juvenile is a ‘youthful offender’ or an adult. If the juvenile is determined to be a youthful offender, he or she could face sentences for criminal convictions but under the Juvenile Justice Law. If the judge determines the juvenile to be an adult, the juvenile will be treated and tried as an adult in the criminal justice system.

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What is the process of transferring a juvenile case to adult court?

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