Virginia

Lower Age: None specified

Upper Age: 17


Discretionary Waiver Virginia Code Sec. 16.1-269.1(A)

Sec. 16.1-269.3

Sec. 16.1-269.4

On motion of the attorney for the Commonwealth in the case of a child of at least 14 accused of a felony, the juvenile court must hold a transfer hearing, following which the court may transfer the case to the circuit court if it finds that (1) there is probable cause to believe the child committed the alleged offense or any lesser included felony; (2) the child is competent to stand trial (with the burden of proof being on the party denying competence); and (3) the preponderance of the evidence indicates that the child "is not a proper person to remain within the jurisdiction of the juvenile court." The law lists a multitude of factors to be considered in making the "proper person" determination, but specifies that a transfer decision is not reversable merely because the court failed to consider any one of them. Either party may appeal the juvenile court's transfer/retention decision to circuit court immediately. The transfer of a case divests the juvenile court of jurisdiction over any allegations of delinquency arising from the same transaction that gave rise to the transfer.


Offense Category Minimum Age Offense Detail

Certain Felonies 14 Any felony.


Mandatory Waiver Virginia Code Sec. 16.1-269.1(B)

When a child of at least 14 is charged with murder in violation of specified provisions or aggravated malicious wounding, the juvenile court must hold a preliminary hearing to determine probable cause. If the court finds that there is probable cause to believe the child was of the proper age and committed the offense alleged, it must certify the charge, together with any ancillary charges, to the grand jury, after which its jurisdiction is terminated. (But note—If the juvenile court does not find probable cause, the attorney for the Commonwealth may then seek a direct indictment in circuit court.)


Offense Category Minimum Age Offense Detail

Murder 14 Capital murder, first and second degree murder, and lynching.

Person 14 Aggravated malicious wounding.


Direct File Virginia Code Sec. 16.1-269.1(C)

When a child of at least 14 is charged with various listed violent felonies, the juvenile court must hold a preliminary hearing to determine probable cause if the attorney for the Commonwealth gives notice of intent to elect this procedure. Following a finding of probable cause to believe the child was of the proper age and committed the offense alleged, the juvenile court must certify the charge, together with any ancillary charges, to the grand jury, after which its jurisdiction is terminated. (But note—If the juvenile court does not find probable cause, the attorney for the Commonwealth may then seek a direct indictment in circuit court.)



On the other hand, in such a case the Commonwealth attorney may also elect not to give notice, and either seek a discretionary waiver or proceed with the case in juvenile court.


Offense Category Minimum Age Offense Detail

Murder 14 Accidental homicide committed in the course of a felony.

Person 14 Felonious injury by mob, abduction, malicious wounding, malicious wounding of a police officer, felonious poisoning, adulteration of products, robbery, carjacking, rape, forcible sodomy, or sexual penetration with an object.


Reverse Waiver Virginia Code Sec. 16.1-269.6

Following an appeal from a discretionary transfer decision, the circuit court must determine whether the juvenile court substantially complied with the requirements for discretionary transfers (but without revisiting the probable cause determination); if not, it may remand the case to the juvenile court.


Once an Adult, Always Virginia Code Sec. 16.1-269.6

Sec. 16.1-271

A child's conviction as an adult terminates the juvenile court's jurisdiction over the child with respect to (1) any future criminal acts and (2) any pending allegations of delinquency.