November 09, 2010, 08:57
Jim TireyRefile petition?
We had previously filed a petition for discretionary transfer. When we got the report back from the psychologist, he recommended keeping the juvenile in the juvenile system. Do I need to file either a new or amended petition alleging the offense, or is this a "lesser-included" type situation where we could proceed to adjudication under the petition for discretionary transfer?
November 09, 2010, 10:38
C. AllenDismiss and refile especially since i'm assuming it's going to be going before the GJ.
November 10, 2010, 22:02
Kris MooreCheck the wording on your petition/motion. A petition for discretionary transfer should end with a plea to the court for transfer. Since that is not what you want - I think you should refile - whether or not you plan to take it to the Grand Jury (the wording on that one should be different, too).