Legal Question in Criminal Law in Virginia

Re: transfering charges

The bases for such a decision to transfer a minor from the juvenile to the circuit court to be prosecuted as an adult for alleged crime(s) committed are outlined under Va. Code Sec. 16.1-269.1 A, B and C.

Circumstance #1 involves a juvenile age 14 or older who has been charged with an offense which if committed by an adult would be considered a felony. This could be any one or more crimes which fit somewhere into the six categories of felonies recognized in the Virginia Criminal Code, and it matters not whether they are violent or non-violent crimes nor whether they are against persons or property. The juvenile so charged is potentially prosecutable as an adult but before that can happen the Commonwealth Attorney must file a motion for a hearing on the matter and the court must evaluate a variety of factors, such as the child's previous criminal record(if any), whether there are previous escapes from a juvenile facility to which the child had been committed, any mental illness or retardation in the child's background, the child's school record and educational status, the child's mental and emotional maturity as well as physical and emotional maturity. See Va. Code Sec. 16.1-269.1 A.

Circumstance #2 occurs where a child

of 14 years or older has been charged with capital murder. (Lee Malvo of Beltway Sniper notoriety would be an example of this circumstance.) In this circumstance the transfer to the circuit court for prosecution as an adult is automatic and there is no hearing on the matter nor papers that must be filed by the Commonwealth's Attorney. As Lee Malvo was, the juvenile in this circumstance would automatically be fully prosecuted in circuit court as an adult and if convicted, would be sentenced as an adult under the applicable state sentencing guidelines. See Va. Code Sec. 16.1-269.1 C.

Circumstance #3 involves a juvenile 14 or older who has been charged with certain very serious felony crimes against persons such as second degree murder, malicious wounding, malicious wounding of a law enforcement officer,

rape, poisoning, carjacking, etc. With these types of crimes the Commonwealth Attorney has the discretionary authority to prosecute the juvenile offender either in the J&DRDC or to transfer the case to the circuit court for prosecution as an adult. See Va. Code Sec. 16.1-269.1 C.

Re: transfering charges

Correction; last line in previous answer should read: See Va. Code Sec. 16.1-269.1 "B" rather than "C".