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

In Pennsylvania, the process of transferring a juvenile case to adult court is known as “waiver”. When a juvenile under the age of 18 is charged with a crime, the court must decide if the juvenile will be tried and sentenced in juvenile or adult court. The judge will first decide whether the juvenile should be tried in the juvenile court. If the judge decides that the juvenile should not be tried in juvenile court, the judge can then decide to transfer the case to the adult court. The most common way for a case to be transferred to adult court is through a waiver hearing. During the hearing, the judge will consider factors such as the age of the juvenile, the seriousness of the offense, the prior offenses committed by the juvenile, and the protection of the community. If the judge decides to waiver the case to adult court, the juvenile will be prosecuted as an adult and is subject to receive adult sentences. The juvenile has the right to appeal the judge’s decision to transfer the case to adult court. If the appeal is denied, the juvenile can still petition to have the case returned to juvenile court if new information is presented that was not considered during the waiver hearing. In Pennsylvania, juveniles who commit a serious violent crime can be tried as an adult, without going through the waiver process. This decision is determined by the prosecutor and also based on the factors mentioned previously.

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