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Getting Waived to Adult Court

Waiver Hearings

If you are charged with certain higher-level felonies, you can be waived (moved) to adult court, but this requires a formal process.

If the district attorney wants to waive your case to adult court, they have to file a motion for a waiver hearing. At the hearing, a judge decides if your case should stay in juvenile court or move to adult court. 

Your attorney should explain each step in this process to you.

Some Offenses That Could Lead to a Waiver Hearing

  • Arson - first or second degree
  • Aggravated murder
  • Aggravated vehicular homicide
  • Assault - first, second, or third degree
  • Attempt or conspiracy to commit aggravated murder 
  • Attempt or conspiracy to commit murder - any degree
  • Compelling prostitution
  • Escape - second degree
  • Kidnapping - first or second degree
  • Manslaughter - first or second degree
  • Murder - first or second degree
  • Rape - first or second degree
  • Robbery - first, second, or third degree
  • Sexual abuse - first degree
  • Sodomy - first or second degree
  • Unlawful sexual penetration - first or second degree
  • Using a child in a display of sexually explicit conduct
  • Any Class A or Class B felony
  • Any Class C felony where you used or threatened to use a firearm