RHODE ISLAND JUVENILE COURT ATTORNEY

Juvenile Court Jurisdiction

Juvenile Court has jurisdiction over persons less than 18 years old when alleged crime occurred ( 14-1-5); jurisdiction over person under 21 accused of a felony committed prior to becoming 18. ( 14-1-6(b)). Jurisdiction may not be retained past 21st birthday (14-1-6(a)).

No juvenile court jurisdiction over juvenile 17+ and charged with a serious violent felony listed at 14-1-3(1) & 14-1-5(1). In such a case the juvenile must fist be provided a probable cause hearing in juvenile court, if PC found case must be transferred to adult court. ( 14-1-3; 14-1-5).

Prosecutor may move to waive juvenile court jurisdiction over any juvenile charged with an offense punishable by life imprisonment if committed by an adult ( 14-1-7(a)); prosecutor may move to waive jurisdiction over a juvenile 16+ and accused of any felony ( 14-1-7(b)). Court must conduct a hearing and consider PC regarding charged offense and criminal history of juvenile, burden is on prosecutor to demonstrate to preponderance that PC exists and that safety of society requires waiver. ( 14-1-7.1(a)). Even if prosecutor meets burden, court has discretion to waive jurisdiction or retain juvenile court jurisdiction. ( 14-1-7.1(b)).

Court may waive jurisdiction over any juvenile 16+ who is accused of a felony drug offense listed at 14-1-7.4 where the juvenile has a prior conviction, having occurred when the juvenile was 16+, for a drug offense listed at 14-1-7.4.

 

Other Rhode Island State Statutes

• Notice of Appeal

• Effects of a Drunk Driving Charge on Driver's License

• Statutory Rape Limitations

• Juvenile Court Jurisdiction

• Expungement

 

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