If you live in the State of Arizona and have a legal situation involving a juvenile, you will want to move forth with understanding how the system operates. In most instances, crimes committed by someone under the age of eighteen are treated differently then when over the age of eighteen. The Juvenile Criminal Court systems is designed to rehabilitate the juvenile so they get their life straightened out and can be a productive member of society.
For parents, it can be a frightening place to be when you realize that your youngster is facing the court system. You need to get help right away so that you can form the best defensive strategy possible. In some cases, you might find that the State is going to attempt to move the case to an adult court, which you certainly do not want!
There are various factors involved regarding whether a case is a good candidate for transfer. Certain crimes, are subject to an “automatic transfer” to adult court. If the juvenile is fifteen years of age or older and has been charged with first or second degree murder, forcible sexual assault, armed robbery, aggravated assault and other violent offenses, the law allows for an automatic transfer to adult court.
Other transfers are discretionary on the State, and subject to court ruling after a hearing. If a juvenile is at least fourteen years old and has been adjudicated (convicted) of at least two prior felonies, the State can file a motion to transfer the juvenile defendant to the adult court system for criminal prosecution.
The discretionary hearing, called a “Transfer Hearing” may be held within thirty days after the Advisory Hearing (the juvenile equivalent to an adult arraignment), if the request for transfer is filed the same time of the juvenile criminal charges. If the request for transfer is filed after the Advisory Hearing, the Transfer Hearing may be thirty days after that filing.
The Transfer Hearing is critical to the future of the juvenile. Will the juvenile stay in the juvenile system, with the goal of rehabilitation, or will the juvenile be transferred to the adult criminal court system, with the goal of punishment.
If If the court denies or dismissed the Motion for Transfer, the juvenile will stay in the juvenile court system. An Adjudication Hearing (the juvenile equivalent to an adult trial), will be set in juvenile court.
You must have a reputable juvenile criminal defense attorney to assist you with your defense needs. You really want to have the best legal defense possible to protect your child.
When searching for juvenile criminal defense attorneys that practice in your community, it is important to seek out ones that emphasize in juvenile crimes. These are handled significantly differently than adult cases and you want to have a defense attorney who is familiar with the nuanced differences between defending an adult and a child.
You should check out the reputation of the attorney or law firms that you are thinking about hiring for your child’s defense needs. Once you have done this, you can find out what the available attorneys will charge and begin to move forth with the case.
The longer you wait, the less time your attorney has to prepare a defense for your child. Don’t wait any longer! Start checking into the best options available for juvenile crimes criminal defense in your city. Learn more about our services here.
The following post When a Juvenile May End Up in the Adult Criminal Justice System in Arizona Read more on: http://www.azcrimlaw.com/blog/