The next stage in a juvenile delinquency proceeding involves transfer to the Circuit Court if the child is 14 years or older and charged with committing an act which would be a felony if committed by an adult. After a petition is filed but before the adjudication of the child's case, a decision must be made whether to proceed in the juvenile court or to transfer the child's case to a circuit court to proceed as an adult criminal case.
Moreover, the court must find, in most cases, that transfer is necessary because the juvenile would not respond to treatment or rehabilitation services available through the juvenile justice system. |
Before a case can be transferred to Circuit Court, the juvenile court must find that there is "probable cause" that the juvenile committed the alleged delinquent act.
Exceptions to this general rule exist. For example, in cases involving crimes such as capital, first or second degree murder, the Juvenile Courts’ jurisdiction is limited to conducting a probable cause hearing and handling matters such as bond and appointment of counsel. In those more serious cases, if probable cause is found, the case is certified to the grand jury in the same manner as for adults in General District Court. Thereafter, the juvenile court is divested of the case.
If the juvenile's case is not transferred to a Circuit Court, the case proceeds to an adjudicatory hearing in the juvenile court. During this hearing, the judge hears evidence regarding whether the juvenile committed the delinquent act with which he is charged. Both the Commonwealth's Attorney and the juvenile are allowed to introduce evidence. In a delinquency case, the Commonwealth has the burden of proving "beyond a reasonable doubt" that the child committed the act with which he is charged. Juveniles in Virginia are not entitled to jury trials.