Transfers to Adult Court
Transfer Hearings. At a transfer hearing, the court must determine whether the defendant has shown by clear and convincing evidence that public safety and the rehabilitation of the defendant, if adjudicated delinquent in juvenile court, would be best served by transferring the prosecution to juvenile court. The court must consider those factors provided in A.R.S. § 13-504(D).
The court shall consider the following factors in determining whether public safety and the juvenile’s rehabilitation, if adjudicated delinquent, would be served by the transfer:
1. The seriousness of the offense involved.
2. The record and previous history of the juvenile, including previous contacts with the court and law enforcement, previous periods of any court-ordered probation and the results of that probation.
3. Any previous commitments of the juvenile to juvenile residential placements or other secure institutions.
4. Whether the juvenile was previously committed to the department of juvenile corrections for a felony offense.
5. Whether the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections.
6. Whether the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.
7. The views of the victim of the offense.
8. Whether the degree of the juvenile’s participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution.
9. The juvenile’s mental and emotional condition.
10. The likelihood of the juvenile’s reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court.
Arizona Underage & Juvenile DUI
Frequently Asked Questions
ARIZONA UNDERAGE DUI CASES ARS §4-244(34)
4-244. Unlawful acts
It is unlawful:
34. For a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.