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VERMONT JUVENILE COURT ATTORNEY

Juvenile Court Jurisdiction

Generally, Juvenile Court has exclusive original jurisdiction over persons less than 16 years old when alleged conduct occurred. ( 5502). Juvenile court has concurrent jurisdiction regarding persons 16-18 at time of alleged criminal conduct if alleged crime is not a serious felony listed at 5506(a)(1)-(12). ( 5505(c)).

State may charge a person 16-18 years old and not accused of a serious felony listed at 5506(a)(1)-(12) in adult court or in juvenile court. ( 5505(c)). If case is filed in adult court, court may immediately transfer it to juvenile court for adjudication ( 5505(b)); or, defendant may move for a youthful offender disposition; to qualify defendant must enter a guilty plea and court must find that the defendant is amenable to rehabilitation in juvenile system. ( 5505(f)).

No juvenile court jurisdiction over juvenile at least 14 but under 16 and charged with a serious felony listed at 5506(a)(1)-(12). These cases must be filed in adult court. Adult court may transfer to case to juvenile court for adjudication ( 5505(b)); or, defendant may move for a youthful offender disposition, to qualify defendant must enter a guilty plea and court must find that the defendant is amenable to rehabilitation in juvenile system. ( 5505(e)).

Prosecutor may move to transfer to adult court any juvenile at least 10 but under 14 and accused of a serious felony listed at 5506(a)(1)-(12). ( 5506). Court must hold a hearing and consider factors listed at 5506(d)(1)-(7), and make findings listed at 5506(c)(1)-(2).

Other Vermont State Statutes

 

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