Juvenile Code Does Not Authorize Transfer Based on Consent

One of the more common questions I receive about the transfer of a case from juvenile jurisdiction to the jurisdiction of the superior court for trial as an adult is whether transfer can be ordered based on consent of the juvenile. The issue seems to cross my desk when a juvenile has some charges pending in criminal court and there are unrelated felony charges pending under juvenile jurisdiction. The short answer is no. The statutory structure that governs transfer does not allow for ordering transfer based on consent. Why? Mandatory Transfer is Only Triggered By Certain Events Transfer of cases from juvenile jurisdiction to superior court for trial as an adult is sometimes required under the Juvenile Code. This is true when a juvenile is accused of committing a Class A felony at age 13, 14, or 15 and when a juvenile is accused of committing a Class A - G felony at age 16 or 17 (although the prosecutor can choose not to transfer a Class D - G felony alleged to have been committed at age 16 or 17). G.S. 7B-2200, -2200.5(a), (a1). Transfer in these cases is required following a finding of probable cause. Transfer is also required if an indictment is returned alleging a Class A - G felony at age 16 or 17. You can find a more detailed description of mandatory transfer procedure, along with all of the law that governs transfer, in Transfer of Juvenile Delinquency Cases to Superior Court. For the purpose of [...]