What is the difference between a transfer hearing and an adjudicatory hearing?
A transfer hearing, also known as a certification hearing, in Texas Juvenile Law is where a judge decides if a juvenile should be tried as an adult. In a transfer hearing, the judge must consider several factors, including the severity of the offense, the age of the child, and the criminal record of the juvenile, if any. During this hearing, a prosecutor will present evidence regarding the case and the juvenile’s background, and a defense attorney can argue why the juvenile should not be tried as an adult. An adjudicatory hearing is the juvenile equivalent of a criminal trial. During this hearing, the judge hears evidence from both sides of a case and makes a decision based on the evidence presented. If the judge believes that the juvenile committed the alleged offense, they may be sentenced to a range of consequences, including probation, incarceration in a juvenile detention center, or transfer to the adult criminal justice system. The judge also has the power to dismiss cases if they find insufficient evidence for a conviction.
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