Where there is a defect in the waiver and transfer proceeding discovered after indictment. Can State dismiss the indictment in order to re-certify juvenile for reindictment later? It is unknown whether the defect will be called to the trial court's attention prior to trial by suppression or motion to quash, and if not the case will have to be tried then reversed and remanded on appeal. That seems like a tremendous waste of resources. (It's a non-death cap). Have not found anything that says State can admit the problem, dismiss the case and thus reinstate juvenile court jurisdiction for purpose of re-certification.

Also, if the issue were NOT raised prior to trial and the defect was NOT objected to at the transfer hearing, is it waived? Haven't found anything on that but the cases saying the defective requirement is mandatory.