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Transfer to Circuit Court for Trial as an Adult:
A case involving a juvenile 15 or older accused of a felony may be transferred to the appropriate circuit court where the juvenile will be tried as an adult. The proceeding is started by the Commonwealth's Attorney (the prosecutor), but only the judge makes the decision whether or not to transfer the case. Prior to such transfer, a hearing must be held to determine if the child was at least 15 at the time of the alleged offense, if there is probable cause to believe that the child committed the offense, and if the judge believes that the child cannot be controlled, treated or rehabilitated buy juvenile facilities.
Prior notice of the transfer hearing must be given to the child's parent or guardian. Juveniles have the right to be represented by a lawyer at a transfer hearing. Statements made at the transfer hearing are not permitted to be used as evidence of the offense in any later court hearings but may be used later to challenge the truth of other testimony which may be given by the juvenile. If the case is not transferred, the judge who presided at the transfer hearing may try the case unless one of the parties object.
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