Adult Court Waiver

An adult court waiver—commonly referred to as a juvenile waiver—is a legal process by which a juvenile offender’s case is transferred from the juvenile court system to the adult criminal court system. This transfer typically occurs when the alleged offense is particularly serious, or when the juvenile has a significant history of prior offenses and previous court interventions have not been effective.

There are several methods by which a juvenile can be waived to adult court:

• Judicial Waiver: A judge reviews the case and decides whether to transfer the juvenile to adult court based on factors such as the nature of the offense, the juvenile’s age, and prior record.
• Statutory Waiver: State law mandates that certain serious offenses committed by older juveniles be automatically tried in adult court.
• Prosecutorial Waiver: The prosecutor has the authority to file the case directly in adult court, bypassing the need for a judicial hearing.

Once a juvenile is tried in adult court, they are subject to the same legal procedures and potential penalties as adult offenders, including the possibility of serving time in adult correctional facilities. This process removes the protections and rehabilitative focus typically provided by the juvenile justice system.