Lower Age: None specified

Upper Age: 17

Discretionary Waiver Alabama Code Sec. 12-15-34

On the motion of the prosecutor in the case of a child at least 14 years old accused of any criminal offense, the juvenile court must conduct a transfer hearing. If, after considering various factors specified by statute, along with a written report from probation services, the court finds that (1) it is in the interest of the child or the public to transfer the child for criminal prosecution, (2) there is probable cause to believe the child committed the crime alleged, and (3) there are no reasonable grounds to believe the child is committable to a mental institution, it may order a transfer. A child who is transferred for criminal prosecution is tried as an adult for the offense charged and for any lesser included offense.

Offense Category Minimum Age Offense Detail

Any Criminal 14 Any criminal offense.

Statutory Exclusion Alabama Code Sec. 12-15-34.1

A child meeting statutory age/offense criteria must be "charged, arrested, and tried as an adult."

Offense Category Minimum Age Offense Detail

Certain Felonies 16 A class A felony, or any felony in which one necessary element is (1) the use of a deadly weapon, (2) the causing of death or serious injury, or (3) the use of a dangerous instrument against any of a number of listed public officials or employees, including law enforcement officers, corrections officers, parole or probation officers, juvenile court probation officers, prosecutors, judges, court officers, grand jurors, jurors or witnesses, and teachers, principals, and other employees of Alabama public schools.

Capital 16 A capital offense.

Drug 16 Trafficking in drugs.

Once an Adult, Always Alabama Code Sec. 12-15-34

When a transfer to adult court is followed by a criminal conviction or adjudication as a "youthful offender" (i.e. one who is tried but not sentenced as an adult), or when a child is tried as an adult for an excluded offense and not acquitted, the jurisdiction of the juvenile court over that child's future criminal acts or over pending allegations of delinquency is permanently terminated, except for the limited purpose of verifying a previous transfer, conviction or adjudication as a youthful offender.