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

In Oregon, the process of transferring a juvenile case to adult court is known as "reverse waiver." This occurs when a juvenile is believed to have committed a crime that would be considered an adult offense if it were committed by an adult. Reverse waiver allows juveniles to be tried in adult court instead of a juvenile court. Reverse waiver is a two-step process. First, the juvenile court must determine if reverse waiver is appropriate. If it is deemed appropriate, the court will then transfer the case to adult court. The criteria that must be met in order for this to occur include the juvenile’s age, prior criminal history, seriousness of the offense, competency to stand trial, and the likelihood of rehabilitation. Before the reverse waiver process begins, the juvenile must receive a hearing where they can challenge the transfer. At the hearing, the juvenile’s attorney will present evidence in an effort to convince the court that the juvenile should remain in the juvenile system and not be transferred to adult court. The court will then make a decision based on the evidence and decide whether or not to transfer the case. In some cases, the court may decide that the juvenile should be transferred to adult court, but the court may also impose conditions on the transfer. These usually involve specific conditions that the juvenile must follow in order to ensure that the juvenile does not commit further offenses. The conditions may include things such as attending school, completing community service, or participating in counseling. Once the reverse waiver process has been completed, the juvenile will then be tried in adult court and may face harsher punishments if convicted. It is important for juveniles to understand this process in order to avoid being transferred to adult court.

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