Sunday, October 19, 2014

Rule 5:22-2. Referral of Juvenile's criminal case to adult court

Rule 5:22-2. Referral of Juvenile's criminal case to adult court
……

(A) a crime committed at a time when the juvenile had previously been adjudicated delinquent, or convicted of:
         1. criminal homicide, other than death by auto; or
         2. strict liability for drug-induced deaths (N.J.S.A. 2C:35-9); or
         3. first degree robbery; or
         4. carjacking; or
         5. aggravated sexual assault; or
         6. sexual assault; or
         7. second degree aggravated assault; or
         8. kidnapping; or
                  9. aggravated arson; or…….

On a finding of probable cause for any of the offenses enumerated above, the burden is on the prosecution to show that the nature and circumstances of the charge or the juvenile's prior record are sufficiently serious that the interests of the public require waiver. Waiver shall not be granted, however, if the juvenile can show that the probability of his or her rehabilitation prior to reaching the age of 19 by use of the procedures, services, and facilities available to the court substantially outweighs the reasons for waiver.


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