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| 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? |
| Posts: 18 | Location: Galveston, TX | Registered: December 12, 2003 |
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