Does anyone know the best method to allow a juvenile to "waive " transfer hrg to be certified as an adult. The Juvenile is 17 now and, via his attorney, does not want to contest being transfered to adult court. I could not find any section in TFC on point. I'm thinking a motion or in court appearance are the only options.
I think the safest thing to do would be to draft a clear document in which he waives this right, stipulates to the necessary findings to certify, signs, has his parents sign, and his attorney sign. Then have a hearing in which you present enough evidence for the judge to make the necessary findings. The rules of evidence at certification hearings are relaxed enough that this should be able to be done this pretty efficiently. (Get a police officer to testify to what happened, hearsay and all.) The defense could then present the signed document, and the judge could make the necessary findings. Unless it is possible to certify someone without a formal hearing, I think that doing less could risk a reversal, even if you have a very clear plea arranged.
Has anybody ever transferred a juvenile to adult court without a transfer hearing?
I have done an agreed transfer. We did have a hearing but it was no more formal than an agreed disposition. Call me if you want to discuss it in more detail. (979)732-8203
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