Paul J. Powers Assistant Commonwealth’s Attorney

Read it! Read it again! Requires a juvenile age 14 or older

Transfer Non-violent felonies Trial becomes probable cause hearing Transfer Report Is juvenile amenable to juvenile disposition 10 factors Don’t need all No one factor is controlling

Transfer Appeal Either side Within 10 days Only 10 transfer factors Circuit Court Orders

Certification Automatic for Murder and Aggravated Malicious Wounding No notice required

Certification Specified Violent felonies and drug offenses Notice Trial becomes preliminary hearing Once probable cause “shall” certify Ancillary charges Very specific juvenile court orders No appeal

Certification Indictment cures defects Placement of certified juvenile Once in Circuit Court Adult speedy trial Sentencing Options Mandatory minimums apply Brown v. CW, 279 Va. 210 (2010) Bullock v. CW, 48 Va. App. 359 (2006)

Post Circuit Court Conviction All future crimes are as an adult regardless of age Juvenile court no longer has jurisdiction Includes any pending matters

Helpful Info and Links content/uploads/2013/05/A-Parents-Guide-to- Juvenile-Transfer-in-Virginia.pdf

Questions? Paul J. Powers Assistant Commonwealth’s Attorney