Watch this short video where David explains about Juvenile Transfer to Adult Court in Arizona:
In some very specific cases, the prosecution can ask the juvenile case to be transferred to the Adult Court in order to try the juvenile as an adult (and to also punish him as an adult). This only can occur in very specific serious felony offenses and if the juvenile is fourteen (14) years of age or older.
An “automatic transfer” will occur if the juvenile is fifteen (15) years of age or older and has been alleged to have committed a violent crime. This would automatically include First Degree Murder, Second Degree Murder, Rape or Forcible Sexual Assault, Armed Robbery, Aggravated Assault, and crimes of this nature.
In addition, if the juvenile has two (2) prior juvenile adjudications (i.e. two (2) prior “convictions”) and he believes it is required to protect the public’s safety, then the Prosecutor has discretion to transfer the juvenile to Adult Court by designating that juvenile a “chronic felony offender.”
In other situations, the Prosecutor must File a Motion with the Juvenile Court requesting the transfer of the juvenile. The Court has discretion in these situations and they will review all factors before making their determination. This Juvenile to Adult Court Transfer Hearing must be held within thirty (30) days of the Juvenile Advisory Hearing or within thirty (30) days after the Motion for Transfer was filed (whichever is later). If the Court denies the Motion for Transfer, then an “Adjudication Hearing” will take place approximately thirty (30) days after that ruling.
If you or a loved one have more questions about an Juvenile Transfer to Adult Court in Arizona, contact the Law Offices of David Michael Cantor and speak to an attorney today.