Juvenile Probation

Adult Prosecution Remands Juveniles can also be remanded for prosecution as adults. The results can be the same as direct file cases, but the way in which it is accomplished is different.

The County Attorney must first file a Request for transfer in juvenile court. A juvenile court judge then reviews the case and decides whether or not to remand the juvenile. If the juvenile is remanded, prosecution of the case starts over again, but in adult criminal court. If the juvenile is not remanded, the case continues in juvenile court.

Juveniles can not be put in an adult jail until the judge decides to remand them. They can then be bailed out of jail at a bail hearing.

The County Attorney may file a Request for transfer for any offense regardless of the child’s age. But most requests involve instances where the offense is not severe enough or the child not old enough to qualify for a Direct File in adult criminal court.

The Judge must consider the following factors in determining if the public safety would be served by remanding a juvenile for criminal prosecution:
  • The seriousness of the offense involved.
  • The record and previous history of the juvenile, and whether the juvenile has ever been on probation
  • Any previous commitments to juvenile residential placements and secure institutions.
  • If the juvenile was previously committed to the department of juvenile corrections for a felony offense.
  • If the juvenile committed another felony offense as a ward of the department of juvenile corrections.
  • If the juvenile committed the present offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.
  • The views of the victim of the offense.
  • If the degree of the juvenile's participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution.
  • The juvenile's mental and emotional condition.
  • The likelihood of the juvenile's reasonable rehabilitation through the use of services and facilities available to the juvenile court.
Approximately 50 juveniles are remanded each year. See ARS 8-327
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