C O U R T T R A N S F E R S

While all misdemeanors and cases for those under 16 automatically go to Family Court, some other cases can transfer there.

Non-violent Felonies

Case is presumptively moved to Family Court unless the DA files a motion within 30 days to prevent removal and shows extraordinary circumstances that warrant the case remaining in the criminal Youth Part. The Judge has the power to decide if the DA has shown "Extraordinary Circumstances."

Violent Felonies

Evaluated as part of a three-part test. If offense involves any one of the following, the case will remain in Youth Part:

(1) Significant Physical Injury

(2) Display of a Weapon

(3) Sex Offenses

While there are more clear rules in this case, the Judge still decides if the young person is moved to Family Court.

Even if the Judge decides that the case fails this test, the DA and override the decision and consent to the child being moved to Family Court.