Understanding the Basics of Juvenile Waiver

When does a juvenile criminal case get a waiver to transfer to the adult court? The juvenile court works in a different way from an adult court. This implies that the minor would face the same proceeding any adult defendant would face. In certain circumstances, this may be what a minor is facing.

It is better to get a criminal attorney specializing in the field of juvenile justice to ensure proper handling of the case. Before you consult a legal professional in this regard, here is a quick look at the Florida laws in this regard.

Florida Statutes Title XLVII Section 985.556 Waiver of juvenile court jurisdiction provides for three kinds of waivers –

Voluntary Waiver – when the minor requests (in a written format) for a trial as an adult joined by a parent/guardian/guardian ad litem before the commencement of the adjudicatory hearing

Involuntary Mandatory Waiver – this occurs in two specific circumstances, and only if the minor is 14 years of age or older –

The minor is previously adjudicated delinquent for a felonious act (murder, aggravated battery, sexual battery, etc) and is facing a subsequent charge of violent crime in the present time
The minor is previously adjudicated delinquent/adjudication withheld for three felonious acts (attempted, conspired or committed), and at least one of which involved violence and/or possession/use of firearms and is facing a fourth felony charge

Involuntary Discretionary Waiver – if the minor charged with a crime is 14 years of age, the prosecution may file a motion requesting this transfer.

Every criminal case is different – and you need legal counsel to understand the particulars of a waiver in yours. Consulting a competent Fort Lauderdale criminal attorney is essential if you want to understand the exact implications of such a waiver.

The court considers certain factors while determining whether a juvenile case is suitable for transfer to an adult court. Here are a few of these.

* Seriousness of the offense – and the way it affects the community
* Crimes against persons have more weight than crimes against property
* Presence of elements like violence, aggression, willfulness and/or premeditation
* Previous criminal record of the minor
* The probable cause – as in the complaint, report or affidavit

It is better to let your criminal attorney handle the proceedings. Whether a waiver is acceptable or not, and if not, the way to challenge it, is better handled by a legal professional with the necessary knowledge and relevant experience.

Dave Watson, a legal columnist working with a magazine, offers practical suggestions for handling criminal law issues. If you are looking for a Fort Lauderdale Criminal Attorney, he recommends you to visit http://www.miami-criminal-lawyer.net/ .