{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-269.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-269.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-269.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-269.1.html"}],"law_id":66829,"edition_id":1,"section_id":66829,"structure_id":14442,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","history":"1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c. 862; 2012, cc. 476, 507, 772; 2020, cc. 987, 988; 2021, Sp. Sess. I, c. 534; 2024, c. 365.","full_text":"A\n\nExcept as provided in subsections B and C, if a juvenile 14 years of age or older at the time of an alleged offense is charged with an offense which would be a felony if committed by an adult, the court shall, on motion of the attorney for the Commonwealth and prior to a hearing on the merits, hold a transfer hearing and may retain jurisdiction or transfer such juvenile for proper criminal proceedings to the appropriate circuit court having criminal jurisdiction of such offenses if committed by an adult. Any transfer to the appropriate circuit court shall be subject to the following conditions:1\n\nNotice as prescribed in §§ 16.1-263 and 16.1-264 shall be given to the juvenile and his parent, guardian, legal custodian or other person standing in loco parentis; or attorney;2\n\nThe juvenile court finds that probable cause exists to believe that the juvenile committed the delinquent act as alleged or a lesser included delinquent act which would be a felony if committed by an adult;3\n\nThe juvenile is competent to stand trial. The juvenile is presumed to be competent and the burden is on the party alleging the juvenile is not competent to rebut the presumption by a preponderance of the evidence; and4\n\nThe court finds by a preponderance of the evidence that the juvenile is not a proper person to remain within the jurisdiction of the juvenile court. In determining whether a juvenile is a proper person to remain within the jurisdiction of the juvenile court, the court shall consider, but not be limited to, the following factors:\n\t\t\t\ta. The juvenile’s age;\n\t\t\t\tb. The seriousness and number of alleged offenses, including (i) whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (ii) whether the alleged offense was against persons or property, with greater weight being given to offenses against persons, especially if death or bodily injury resulted; (iii) whether the maximum punishment for such an offense is greater than 20 years confinement if committed by an adult; (iv) whether the alleged offense involved the use of a firearm or other dangerous weapon by brandishing, threatening, displaying or otherwise employing such weapon; and (v) the nature of the juvenile’s participation in the alleged offense;\n\t\t\t\tc. Whether the juvenile can be retained in the juvenile justice system long enough for effective treatment and rehabilitation;\n\t\t\t\td. The appropriateness and availability of the services and dispositional alternatives in both the criminal justice and juvenile justice systems for dealing with the juvenile’s problems;\n\t\t\t\te. The record and previous history of the juvenile in this or other jurisdictions, including (i) the number and nature of previous contacts with juvenile or circuit courts, (ii) the number and nature of prior periods of probation, (iii) the number and nature of prior commitments to juvenile correctional centers, (iv) the number and nature of previous residential and community-based treatments, (v) whether previous adjudications and commitments were for delinquent acts that involved the infliction of serious bodily injury, and (vi) whether the alleged offense is part of a repetitive pattern of similar adjudicated offenses;\n\t\t\t\tf. Whether the juvenile has previously absconded from the legal custody of a juvenile correctional entity in this or any other jurisdiction;\n\t\t\t\tg. The extent, if any, of the juvenile’s degree of intellectual disability or mental illness;\n\t\t\t\th. The juvenile’s school record and education;\n\t\t\t\ti. The juvenile’s mental and emotional maturity;\n\t\t\t\tj. The juvenile’s physical condition and physical maturity; and\n\t\t\t\tk. Any evidence that the juvenile was a victim of felonious criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious criminal sexual assault or trafficking. This subdivision shall be construed to prioritize the successful treatment and rehabilitation of juvenile victims of human trafficking and sex crimes who commit acts of violence against their abusers. It is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system.\n\t\t\t\tNo transfer decision shall be precluded or reversed on the grounds that the court failed to consider any of the factors specified in subdivision 4.B\n\nThe juvenile court shall conduct a preliminary hearing whenever a juvenile 16 years of age or older is charged with murder in violation of § 18.2-31, 18.2-32 or 18.2-40, or aggravated malicious wounding in violation of § 18.2-51.2. If the juvenile is 14 years of age or older, but less than 16 years of age, then the court may proceed, on motion of the attorney for the Commonwealth, as provided in subsection A. Upon motion of the juvenile, the court may conduct a hearing to allow the juvenile to present any evidence described in subdivision A 4 k. If the court finds by a preponderance of the evidence that sufficient evidence exists to believe that the juvenile was a victim of felonious criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious criminal sexual assault or trafficking, then the court shall proceed as provided in subsection A.C\n\nThe juvenile court shall conduct a preliminary hearing whenever a juvenile 16 years of age or older is charged with murder in violation of § 18.2-33; felonious injury by mob in violation of § 18.2-41; abduction in violation of § 18.2-48; malicious wounding in violation of § 18.2-51; malicious wounding of a law-enforcement officer in violation of § 18.2-51.1; felonious poisoning in violation of § 18.2-54.1; adulteration of products in violation of § 18.2-54.2; robbery in violation of subdivision B 1 or 2 of § 18.2-58 or carjacking in violation of § 18.2-58.1; rape in violation of § 18.2-61; forcible sodomy in violation of § 18.2-67.1; object sexual penetration in violation of § 18.2-67.2; manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance in violation of § 18.2-248 if the juvenile has been previously adjudicated delinquent on two or more occasions of violating § 18.2-248 provided the adjudications occurred after the juvenile was at least 16 years of age; manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine in violation of § 18.2-248.03 if the juvenile has been previously adjudicated delinquent on two or more occasions of violating § 18.2-248.03 provided the adjudications occurred after the juvenile was at least 16 years of age; or felonious manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute anabolic steroids in violation of § 18.2-248.5 if the juvenile has been previously adjudicated delinquent on two or more occasions of violating § 18.2-248.5 provided the adjudications occurred after the juvenile was at least 16 years of age, provided the attorney for the Commonwealth gives written notice of his intent to proceed pursuant to this subsection. Prior to giving written notice of his intent to proceed pursuant to this subsection, the attorney for the Commonwealth shall submit a written request to the director of the court services unit to complete a report as described in subsection B of § 16.1-269.2 unless waived by the juvenile and his attorney or other legal representative. The report shall be filed with the court and mailed or delivered to (i) the attorney for the Commonwealth and (ii) counsel for the juvenile, or, if the juvenile is not represented by counsel, to the juvenile and a parent, guardian, or other person standing in loco parentis with respect to the juvenile, within 21 days of the date of the written request. After reviewing the report, if the attorney for the Commonwealth still intends to proceed pursuant to this subsection, he shall then provide the written notice of such intent, which shall include affirmation that he reviewed the report. The notice shall be filed with the court and mailed or delivered to counsel for the juvenile or, if the juvenile is not then represented by counsel, to the juvenile and a parent, guardian or other person standing in loco parentis with respect to the juvenile at least seven days prior to the preliminary hearing. If the attorney for the Commonwealth elects not to give such notice, if he elects to withdraw the notice prior to certification of the charge to the grand jury, or if the juvenile is 14 years of age or older, but less than 16 years of age, he may proceed as provided in subsection A. Upon motion of the juvenile, the court may conduct a hearing to allow the juvenile to present any evidence described in subdivision A 4 k. If the court finds by a preponderance of the evidence that sufficient evidence exists to believe that the juvenile was a victim of felonious criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious criminal sexual assault or trafficking, then the court shall proceed as provided in subsection A.D\n\nUpon a finding of probable cause pursuant to a preliminary hearing under subsection B or C, the juvenile court shall certify the charge, and all ancillary charges, to the grand jury. Such certification shall divest the juvenile court of jurisdiction as to the charge and any ancillary charges. Nothing in this subsection shall divest the juvenile court of jurisdiction over any matters unrelated to such charge and ancillary charges which may otherwise be properly within the jurisdiction of the juvenile court.\n\t\t\tIf the court does not find probable cause to believe that the juvenile has committed the violent juvenile felony as charged in the petition or warrant or if the petition or warrant is terminated by dismissal in the juvenile court, the attorney for the Commonwealth may seek a direct indictment in the circuit court. If the petition or warrant is terminated by nolle prosequi in the juvenile court, the attorney for the Commonwealth may seek an indictment only after a preliminary hearing in juvenile court.\n\t\t\tIf the court finds that the juvenile was not (i) for the purposes of subsection A, 14 years of age or older or (ii) for purposes of subsection B or C, 16 years of age or older, at the time of the alleged commission of the offense or that the conditions specified in subdivision A 1, 2, or 3 have not been met, the case shall proceed as otherwise provided for by law.E\n\nAn indictment in the circuit court cures any error or defect in any proceeding held in the juvenile court except with respect to the juvenile’s age. If an indictment is terminated by nolle prosequi, the Commonwealth may reinstate the proceeding by seeking a subsequent indictment.","order_by":null,"text":{"0":{"id":242337,"text":"Except as provided in subsections B and C, if a juvenile 14 years of age or older at the time of an alleged offense is charged with an offense which would be a felony if committed by an adult, the court shall, on motion of the attorney for the Commonwealth and prior to a hearing on the merits, hold a transfer hearing and may retain jurisdiction or transfer such juvenile for proper criminal proceedings to the appropriate circuit court having criminal jurisdiction of such offenses if committed by an adult. Any transfer to the appropriate circuit court shall be subject to the following conditions:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":242338,"text":"Notice as prescribed in §§ 16.1-263 and 16.1-264 shall be given to the juvenile and his parent, guardian, legal custodian or other person standing in loco parentis; or attorney;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":242339,"text":"The juvenile court finds that probable cause exists to believe that the juvenile committed the delinquent act as alleged or a lesser included delinquent act which would be a felony if committed by an adult;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":242340,"text":"The juvenile is competent to stand trial. The juvenile is presumed to be competent and the burden is on the party alleging the juvenile is not competent to rebut the presumption by a preponderance of the evidence; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":242341,"text":"The court finds by a preponderance of the evidence that the juvenile is not a proper person to remain within the jurisdiction of the juvenile court. In determining whether a juvenile is a proper person to remain within the jurisdiction of the juvenile court, the court shall consider, but not be limited to, the following factors:\n\t\t\t\ta. The juvenile’s age;\n\t\t\t\tb. The seriousness and number of alleged offenses, including (i) whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (ii) whether the alleged offense was against persons or property, with greater weight being given to offenses against persons, especially if death or bodily injury resulted; (iii) whether the maximum punishment for such an offense is greater than 20 years confinement if committed by an adult; (iv) whether the alleged offense involved the use of a firearm or other dangerous weapon by brandishing, threatening, displaying or otherwise employing such weapon; and (v) the nature of the juvenile’s participation in the alleged offense;\n\t\t\t\tc. Whether the juvenile can be retained in the juvenile justice system long enough for effective treatment and rehabilitation;\n\t\t\t\td. The appropriateness and availability of the services and dispositional alternatives in both the criminal justice and juvenile justice systems for dealing with the juvenile’s problems;\n\t\t\t\te. The record and previous history of the juvenile in this or other jurisdictions, including (i) the number and nature of previous contacts with juvenile or circuit courts, (ii) the number and nature of prior periods of probation, (iii) the number and nature of prior commitments to juvenile correctional centers, (iv) the number and nature of previous residential and community-based treatments, (v) whether previous adjudications and commitments were for delinquent acts that involved the infliction of serious bodily injury, and (vi) whether the alleged offense is part of a repetitive pattern of similar adjudicated offenses;\n\t\t\t\tf. Whether the juvenile has previously absconded from the legal custody of a juvenile correctional entity in this or any other jurisdiction;\n\t\t\t\tg. The extent, if any, of the juvenile’s degree of intellectual disability or mental illness;\n\t\t\t\th. The juvenile’s school record and education;\n\t\t\t\ti. The juvenile’s mental and emotional maturity;\n\t\t\t\tj. The juvenile’s physical condition and physical maturity; and\n\t\t\t\tk. Any evidence that the juvenile was a victim of felonious criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious criminal sexual assault or trafficking. This subdivision shall be construed to prioritize the successful treatment and rehabilitation of juvenile victims of human trafficking and sex crimes who commit acts of violence against their abusers. It is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system.\n\t\t\t\tNo transfer decision shall be precluded or reversed on the grounds that the court failed to consider any of the factors specified in subdivision 4.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":242342,"text":"The juvenile court shall conduct a preliminary hearing whenever a juvenile 16 years of age or older is charged with murder in violation of § 18.2-31, 18.2-32 or 18.2-40, or aggravated malicious wounding in violation of § 18.2-51.2. If the juvenile is 14 years of age or older, but less than 16 years of age, then the court may proceed, on motion of the attorney for the Commonwealth, as provided in subsection A. Upon motion of the juvenile, the court may conduct a hearing to allow the juvenile to present any evidence described in subdivision A 4 k. If the court finds by a preponderance of the evidence that sufficient evidence exists to believe that the juvenile was a victim of felonious criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious criminal sexual assault or trafficking, then the court shall proceed as provided in subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":242343,"text":"The juvenile court shall conduct a preliminary hearing whenever a juvenile 16 years of age or older is charged with murder in violation of § 18.2-33; felonious injury by mob in violation of § 18.2-41; abduction in violation of § 18.2-48; malicious wounding in violation of § 18.2-51; malicious wounding of a law-enforcement officer in violation of § 18.2-51.1; felonious poisoning in violation of § 18.2-54.1; adulteration of products in violation of § 18.2-54.2; robbery in violation of subdivision B 1 or 2 of § 18.2-58 or carjacking in violation of § 18.2-58.1; rape in violation of § 18.2-61; forcible sodomy in violation of § 18.2-67.1; object sexual penetration in violation of § 18.2-67.2; manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance in violation of § 18.2-248 if the juvenile has been previously adjudicated delinquent on two or more occasions of violating § 18.2-248 provided the adjudications occurred after the juvenile was at least 16 years of age; manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine in violation of § 18.2-248.03 if the juvenile has been previously adjudicated delinquent on two or more occasions of violating § 18.2-248.03 provided the adjudications occurred after the juvenile was at least 16 years of age; or felonious manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute anabolic steroids in violation of § 18.2-248.5 if the juvenile has been previously adjudicated delinquent on two or more occasions of violating § 18.2-248.5 provided the adjudications occurred after the juvenile was at least 16 years of age, provided the attorney for the Commonwealth gives written notice of his intent to proceed pursuant to this subsection. Prior to giving written notice of his intent to proceed pursuant to this subsection, the attorney for the Commonwealth shall submit a written request to the director of the court services unit to complete a report as described in subsection B of § 16.1-269.2 unless waived by the juvenile and his attorney or other legal representative. The report shall be filed with the court and mailed or delivered to (i) the attorney for the Commonwealth and (ii) counsel for the juvenile, or, if the juvenile is not represented by counsel, to the juvenile and a parent, guardian, or other person standing in loco parentis with respect to the juvenile, within 21 days of the date of the written request. After reviewing the report, if the attorney for the Commonwealth still intends to proceed pursuant to this subsection, he shall then provide the written notice of such intent, which shall include affirmation that he reviewed the report. The notice shall be filed with the court and mailed or delivered to counsel for the juvenile or, if the juvenile is not then represented by counsel, to the juvenile and a parent, guardian or other person standing in loco parentis with respect to the juvenile at least seven days prior to the preliminary hearing. If the attorney for the Commonwealth elects not to give such notice, if he elects to withdraw the notice prior to certification of the charge to the grand jury, or if the juvenile is 14 years of age or older, but less than 16 years of age, he may proceed as provided in subsection A. Upon motion of the juvenile, the court may conduct a hearing to allow the juvenile to present any evidence described in subdivision A 4 k. If the court finds by a preponderance of the evidence that sufficient evidence exists to believe that the juvenile was a victim of felonious criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious criminal sexual assault or trafficking, then the court shall proceed as provided in subsection A.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":242344,"text":"Upon a finding of probable cause pursuant to a preliminary hearing under subsection B or C, the juvenile court shall certify the charge, and all ancillary charges, to the grand jury. Such certification shall divest the juvenile court of jurisdiction as to the charge and any ancillary charges. Nothing in this subsection shall divest the juvenile court of jurisdiction over any matters unrelated to such charge and ancillary charges which may otherwise be properly within the jurisdiction of the juvenile court.\n\t\t\tIf the court does not find probable cause to believe that the juvenile has committed the violent juvenile felony as charged in the petition or warrant or if the petition or warrant is terminated by dismissal in the juvenile court, the attorney for the Commonwealth may seek a direct indictment in the circuit court. If the petition or warrant is terminated by nolle prosequi in the juvenile court, the attorney for the Commonwealth may seek an indictment only after a preliminary hearing in juvenile court.\n\t\t\tIf the court finds that the juvenile was not (i) for the purposes of subsection A, 14 years of age or older or (ii) for purposes of subsection B or C, 16 years of age or older, at the time of the alleged commission of the offense or that the conditions specified in subdivision A 1, 2, or 3 have not been met, the case shall proceed as otherwise provided for by law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":242345,"text":"An indictment in the circuit court cures any error or defect in any proceeding held in the juvenile court except with respect to the juvenile’s age. If an indictment is terminated by nolle prosequi, the Commonwealth may reinstate the proceeding by seeking a subsequent indictment.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14442,"edition_id":1,"name":"Transfer and Waiver","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:48:09","date_modified":"2026-06-26 03:48:09","permalink":{"id":161673,"object_type":"structure","relational_id":14442,"identifier":"7","token":"16.1\/11\/7","url":"\/16.1\/11\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64380,"structure_id":14442,"section_number":"16.1-269","catch_line":"Repealed","url":"\/16.1-269\/","token":"16.1\/11\/7\/16.1-269","metadata":false},{"id":66829,"structure_id":14442,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","url":"\/16.1-269.1\/","token":"16.1\/11\/7\/16.1-269.1","metadata":false},{"id":55813,"structure_id":14442,"section_number":"16.1-269.2","catch_line":"Admissibility of statement; investigation and report; bail","url":"\/16.1-269.2\/","token":"16.1\/11\/7\/16.1-269.2","metadata":false},{"id":87118,"structure_id":14442,"section_number":"16.1-269.3","catch_line":"Retention by juvenile court; appeal","url":"\/16.1-269.3\/","token":"16.1\/11\/7\/16.1-269.3","metadata":false},{"id":65791,"structure_id":14442,"section_number":"16.1-269.4","catch_line":"Transfer to circuit court; appeal by juvenile","url":"\/16.1-269.4\/","token":"16.1\/11\/7\/16.1-269.4","metadata":false},{"id":83230,"structure_id":14442,"section_number":"16.1-269.5","catch_line":"Placement of juvenile","url":"\/16.1-269.5\/","token":"16.1\/11\/7\/16.1-269.5","metadata":false},{"id":72657,"structure_id":14442,"section_number":"16.1-269.6","catch_line":"Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals","url":"\/16.1-269.6\/","token":"16.1\/11\/7\/16.1-269.6","metadata":false},{"id":85877,"structure_id":14442,"section_number":"16.1-270","catch_line":"Waiver of jurisdiction of juvenile court in certain cases","url":"\/16.1-270\/","token":"16.1\/11\/7\/16.1-270","metadata":false},{"id":57857,"structure_id":14442,"section_number":"16.1-271","catch_line":"Subsequent offenses by juvenile","url":"\/16.1-271\/","token":"16.1\/11\/7\/16.1-271","metadata":false},{"id":85077,"structure_id":14442,"section_number":"16.1-272","catch_line":"Power of circuit court over juvenile offender","url":"\/16.1-272\/","token":"16.1\/11\/7\/16.1-272","metadata":false},{"id":74910,"structure_id":14442,"section_number":"16.1-272.1","catch_line":"Claim of error to be raised within one year","url":"\/16.1-272.1\/","token":"16.1\/11\/7\/16.1-272.1","metadata":false}],"previous_section":{"id":64380,"structure_id":14442,"section_number":"16.1-269","catch_line":"Repealed","url":"\/16.1-269\/","token":"16.1\/11\/7\/16.1-269","metadata":false},"next_section":{"id":55813,"structure_id":14442,"section_number":"16.1-269.2","catch_line":"Admissibility of statement; investigation and report; bail","url":"\/16.1-269.2\/","token":"16.1\/11\/7\/16.1-269.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-269.1\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapters 859<\/a> and 949<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapters 755<\/a> and 914<\/a>; in 1997, chapter 862<\/a>; in 2012, chapters 476<\/a>, 507<\/a>, and 772<\/a>; in 2020, chapters 987<\/a> and 988<\/a>; in 2024, chapter 365<\/a>.<\/p>","references":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":66525,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","order_by":null,"url":"\/16.1-248.1\/"},{"id":56829,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","order_by":null,"url":"\/16.1-249\/"},{"id":55813,"section_number":"16.1-269.2","catch_line":"Admissibility of statement; investigation and report; bail","order_by":null,"url":"\/16.1-269.2\/"},{"id":87118,"section_number":"16.1-269.3","catch_line":"Retention by juvenile court; appeal","order_by":null,"url":"\/16.1-269.3\/"},{"id":65791,"section_number":"16.1-269.4","catch_line":"Transfer to circuit court; appeal by juvenile","order_by":null,"url":"\/16.1-269.4\/"},{"id":72657,"section_number":"16.1-269.6","catch_line":"Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals","order_by":null,"url":"\/16.1-269.6\/"},{"id":74910,"section_number":"16.1-272.1","catch_line":"Claim of error to be raised within one year","order_by":null,"url":"\/16.1-272.1\/"},{"id":54290,"section_number":"16.1-277.1","catch_line":"Time limitation","order_by":null,"url":"\/16.1-277.1\/"},{"id":80876,"section_number":"16.1-278.7","catch_line":"Commitment to Department of Juvenile Justice","order_by":null,"url":"\/16.1-278.7\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":75164,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","order_by":null,"url":"\/16.1-285.1\/"},{"id":74120,"section_number":"16.1-301","catch_line":"Confidentiality of juvenile law-enforcement records; disclosures to school principal and others","order_by":null,"url":"\/16.1-301\/"},{"id":80938,"section_number":"19.2-130","catch_line":"Bail in subsequent proceeding arising out of initial arrest","order_by":null,"url":"\/19.2-130\/"},{"id":57999,"section_number":"19.2-132","catch_line":"Motion to increase amount of bond fixed by judicial officer; when bond may be increased","order_by":null,"url":"\/19.2-132\/"},{"id":85695,"section_number":"19.2-169.1","catch_line":"Raising question of competency to stand trial or plead; evaluation and determination of competency","order_by":null,"url":"\/19.2-169.1\/"},{"id":66444,"section_number":"19.2-169.2","catch_line":"Disposition when defendant found incompetent","order_by":null,"url":"\/19.2-169.2\/"},{"id":77544,"section_number":"19.2-240","catch_line":"Clerks shall make out criminal docket; transportation orders","order_by":null,"url":"\/19.2-240\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":62462,"section_number":"9.1-901","catch_line":"Persons for whom registration required","order_by":null,"url":"\/9.1-901\/"},{"id":85831,"section_number":"9.1-903","catch_line":"Registration and reregistration procedures","order_by":null,"url":"\/9.1-903\/"},{"id":65270,"section_number":"9.1-911","catch_line":"Registry maintenance","order_by":null,"url":"\/9.1-911\/"}],"refers_to":[{"id":56254,"section_number":"16.1-263","catch_line":"Summonses","order_by":null,"url":"\/16.1-263\/"},{"id":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"id":55813,"section_number":"16.1-269.2","catch_line":"Admissibility of statement; investigation and report; bail","order_by":null,"url":"\/16.1-269.2\/"},{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":71689,"section_number":"18.2-248.03","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty","order_by":null,"url":"\/18.2-248.03\/"},{"id":61670,"section_number":"18.2-248.5","catch_line":"Illegal stimulants and steroids; penalty","order_by":null,"url":"\/18.2-248.5\/"},{"id":79946,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","order_by":null,"url":"\/18.2-31\/"},{"id":57602,"section_number":"18.2-32","catch_line":"First and second degree murder defined; punishment","order_by":null,"url":"\/18.2-32\/"},{"id":80906,"section_number":"18.2-33","catch_line":"Felony homicide defined; punishment","order_by":null,"url":"\/18.2-33\/"},{"id":55113,"section_number":"18.2-344","catch_line":"Repealed","order_by":null,"url":"\/18.2-344\/"},{"id":73475,"section_number":"18.2-40","catch_line":"Lynching deemed murder","order_by":null,"url":"\/18.2-40\/"},{"id":69785,"section_number":"18.2-41","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc., by mob","order_by":null,"url":"\/18.2-41\/"},{"id":59389,"section_number":"18.2-48","catch_line":"Abduction with intent to extort money or for immoral purpose","order_by":null,"url":"\/18.2-48\/"},{"id":72243,"section_number":"18.2-51","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc","order_by":null,"url":"\/18.2-51\/"},{"id":72165,"section_number":"18.2-51.1","catch_line":"Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical services personnel; penalty; lesser-included offense","order_by":null,"url":"\/18.2-51.1\/"},{"id":68812,"section_number":"18.2-51.2","catch_line":"Aggravated malicious wounding; penalty","order_by":null,"url":"\/18.2-51.2\/"},{"id":58105,"section_number":"18.2-54.1","catch_line":"Attempts to poison","order_by":null,"url":"\/18.2-54.1\/"},{"id":66847,"section_number":"18.2-54.2","catch_line":"Adulteration of food, drink, drugs, cosmetics, etc.; penalty","order_by":null,"url":"\/18.2-54.2\/"},{"id":79704,"section_number":"18.2-58","catch_line":"Robbery; penalties","order_by":null,"url":"\/18.2-58\/"},{"id":71665,"section_number":"18.2-58.1","catch_line":"Carjacking; penalty","order_by":null,"url":"\/18.2-58.1\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":73623,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":73072,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"}],"permalink":{"id":161679,"object_type":"law","relational_id":66829,"identifier":"16.1-269.1","token":"16.1\/11\/7\/16.1-269.1","url":"\/16.1-269.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-269.1\/","token":"16.1\/11\/7\/16.1-269.1","dublin_core":{"Title":"Trial in circuit court; preliminary hearing; direct indictment; remand","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-269.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsections B and C, if a juvenile 14 years of age or older at the time of an alleged offense<\/span> is charged with an offense<\/span> which would be a felony<\/span> if committed by an adult<\/span>, the court<\/span> shall, on motion<\/span> of the attorney for the Commonwealth and prior to a hearing<\/span> on the merits, hold a transfer hearing<\/span> and may retain jurisdiction<\/span> or transfer such juvenile for proper criminal proceedings to the appropriate circuit<\/span> court having criminal jurisdiction<\/span> of such offenses<\/span> if committed by an adult<\/span>. Any transfer to the appropriate circuit<\/span> court shall be subject to the following conditions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Notice as prescribed in §§ 16.1-263<\/a> and 16.1-264<\/a> shall be given to the juvenile and his parent, guardian, legal custodian or other person standing in loco parentis; or attorney; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The juvenile court<\/span> finds that probable cause<\/span> exists to believe that the juvenile committed the delinquent act<\/span> as alleged or a lesser included delinquent act<\/span> which would be a felony<\/span> if committed by an adult<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The juvenile is competent to stand trial<\/span>. The juvenile is presumed to be competent and the burden is on the party<\/span> alleging the juvenile is not competent to rebut the presumption<\/span> by a preponderance of the evidence<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The court<\/span> finds by a preponderance of the evidence<\/span> that the juvenile is not a proper person to remain within the jurisdiction<\/span> of the juvenile court<\/span>. In determining whether a juvenile is a proper person to remain within the jurisdiction<\/span> of the juvenile court<\/span>, the court<\/span> shall consider, but not be limited to, the following factors:\n\t\t\t\ta. The juvenile’s age;\n\t\t\t\tb. The seriousness and number of alleged offenses<\/span>, including (i) whether the alleged offense<\/span> was committed in an aggressive, violent, premeditated, or willful manner; (ii) whether the alleged offense<\/span> was against persons or property, with greater weight being given to offenses<\/span> against persons, especially if death or bodily injury resulted; (iii) whether the maximum punishment for such an offense<\/span> is greater than 20 years confinement if committed by an adult<\/span>; (iv) whether the alleged offense<\/span> involved the use of a firearm or other dangerous weapon by brandishing, threatening, displaying or otherwise employing such weapon; and (v) the nature of the juvenile’s participation in the alleged offense<\/span>;\n\t\t\t\tc. Whether the juvenile can be retained in the juvenile justice system long enough for effective treatment and rehabilitation;\n\t\t\t\td. The appropriateness and availability of the services and dispositional alternatives in both the criminal justice and juvenile justice systems for dealing with the juvenile’s problems;\n\t\t\t\te. The record and previous history of the juvenile in this or other jurisdictions<\/span>, including (i) the number and nature of previous contacts with juvenile or circuit<\/span> courts<\/span>, (ii) the number and nature of prior periods of probation<\/span>, (iii) the number and nature of prior commitments to juvenile correctional centers, (iv) the number and nature of previous residential and community-based treatments, (v) whether previous adjudications and commitments were for delinquent acts<\/span> that involved the infliction of serious bodily injury, and (vi) whether the alleged offense<\/span> is part of a repetitive pattern of similar adjudicated offenses<\/span>;\n\t\t\t\tf. Whether the juvenile has previously absconded from the legal custody<\/span> of a juvenile correctional entity in this or any other jurisdiction<\/span>;\n\t\t\t\tg. The extent, if any, of the juvenile’s degree of intellectual disability or mental illness;\n\t\t\t\th. The juvenile’s school record and education;\n\t\t\t\ti. The juvenile’s mental and emotional maturity;\n\t\t\t\tj. The juvenile’s physical condition and physical maturity; and\n\t\t\t\tk. Any evidence that the juvenile was a victim of felonious criminal sexual assault<\/span> in violation of Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344<\/a> et seq.) of Chapter 8 of Title 18.2 by the alleged victim prior to or during the commission of the alleged offense<\/span> and that such alleged offense<\/span> was a direct result of the juvenile being a victim of such felonious criminal sexual assault<\/span> or trafficking. This subdivision shall be construed to prioritize the successful treatment and rehabilitation of juvenile victims of human trafficking and sex crimes<\/span> who commit acts of violence against their abusers. It is the intent<\/span> of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system.\n\t\t\t\tNo transfer decision shall be precluded or reversed on the grounds that the court<\/span> failed to consider any of the factors specified in subdivision 4. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The juvenile court<\/span> shall conduct a preliminary hearing<\/span> whenever a juvenile 16 years of age or older is charged with murder<\/span> in violation of § 18.2-31<\/a>, 18.2-32<\/a> or 18.2-40<\/a>, or aggravated malicious<\/span> wounding in violation of § 18.2-51.2<\/a>. If the juvenile is 14 years of age or older, but less than 16 years of age, then the court<\/span> may proceed, on motion<\/span> of the attorney for the Commonwealth, as provided in subsection A. Upon motion<\/span> of the juvenile, the court<\/span> may conduct a hearing to allow the juvenile to present any evidence described in subdivision A 4 k. If the court<\/span> finds by a preponderance of the evidence<\/span> that sufficient evidence exists to believe that the juvenile was a victim of felonious criminal sexual assault<\/span> in violation of Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344<\/a> et seq.) of Chapter 8 of Title 18.2 by the alleged victim prior to or during the commission of the alleged offense<\/span> and that such alleged offense<\/span> was a direct result of the juvenile being a victim of such felonious criminal sexual assault<\/span> or trafficking, then the court<\/span> shall proceed as provided in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The juvenile court<\/span> shall conduct a preliminary hearing<\/span> whenever a juvenile 16 years of age or older is charged with murder<\/span> in violation of § 18.2-33<\/a>; felonious injury by mob in violation of § 18.2-41<\/a>; abduction in violation of § 18.2-48<\/a>; malicious<\/span> wounding in violation of § 18.2-51<\/a>; malicious<\/span> wounding of a law<\/span>-enforcement officer in violation of § 18.2-51.1<\/a>; felonious poisoning in violation of § 18.2-54.1<\/a>; adulteration of products in violation of § 18.2-54.2<\/a>; robbery<\/span> in violation of subdivision B 1 or 2 of § 18.2-58<\/a> or carjacking in violation of § 18.2-58.1<\/a>; rape<\/span> in violation of § 18.2-61<\/a>; forcible sodomy in violation of § 18.2-67.1<\/a>; object<\/span> sexual penetration in violation of § 18.2-67.2<\/a>; manufacturing, selling, giving, distributing, or possessing with intent<\/span> to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance in violation of § 18.2-248<\/a> if the juvenile has been previously adjudicated delinquent on two or more occasions of violating § 18.2-248<\/a> provided the adjudications occurred after the juvenile was at least 16 years of age; manufacturing, selling, giving, distributing, or possessing with intent<\/span> to manufacture, sell, give, or distribute methamphetamine in violation of § 18.2-248.03<\/a> if the juvenile has been previously adjudicated delinquent on two or more occasions of violating § 18.2-248.03<\/a> provided the adjudications occurred after the juvenile was at least 16 years of age; or felonious manufacturing, selling, giving, distributing, or possessing with intent<\/span> to manufacture, sell, give, or distribute anabolic steroids in violation of § 18.2-248.5<\/a> if the juvenile has been previously adjudicated delinquent on two or more occasions of violating § 18.2-248.5<\/a> provided the adjudications occurred after the juvenile was at least 16 years of age, provided the attorney for the Commonwealth gives written notice of his intent<\/span> to proceed pursuant to this subsection. Prior to giving written notice of his intent<\/span> to proceed pursuant to this subsection, the attorney for the Commonwealth shall submit a written request to the director<\/span> of the court<\/span> services unit to complete a report as described in subsection B of § 16.1-269.2<\/a> unless waived by the juvenile and his attorney or other legal representative. The report shall be filed with the court<\/span> and mailed or delivered to (i) the attorney for the Commonwealth and (ii) counsel<\/span> for the juvenile, or, if the juvenile is not represented by counsel<\/span>, to the juvenile and a parent, guardian, or other person standing in loco parentis with respect to the juvenile, within 21 days of the date of the written request. After reviewing the report, if the attorney for the Commonwealth still intends to proceed pursuant to this subsection, he shall then provide the written notice of such intent<\/span>, which shall include affirmation that he reviewed the report. The notice shall be filed with the court<\/span> and mailed or delivered to counsel<\/span> for the juvenile or, if the juvenile is not then represented by counsel<\/span>, to the juvenile and a parent, guardian or other person standing in loco parentis with respect to the juvenile at least seven days prior to the preliminary hearing<\/span>. If the attorney for the Commonwealth elects not to give such notice, if he elects to withdraw the notice prior to certification of the charge to the grand jury<\/span>, or if the juvenile is 14 years of age or older, but less than 16 years of age, he may proceed as provided in subsection A. Upon motion<\/span> of the juvenile, the court<\/span> may conduct a hearing to allow the juvenile to present any evidence described in subdivision A 4 k. If the court<\/span> finds by a preponderance of the evidence<\/span> that sufficient evidence exists to believe that the juvenile was a victim of felonious criminal sexual assault<\/span> in violation of Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344<\/a> et seq.) of Chapter 8 of Title 18.2 by the alleged victim prior to or during the commission of the alleged offense<\/span> and that such alleged offense<\/span> was a direct result of the juvenile being a victim of such felonious criminal sexual assault<\/span> or trafficking, then the court<\/span> shall proceed as provided in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon a finding<\/span> of probable cause<\/span> pursuant to a preliminary hearing<\/span> under subsection B or C, the juvenile court<\/span> shall certify the charge, and all ancillary charges<\/span>, to the grand jury<\/span>. Such certification shall divest the juvenile court<\/span> of jurisdiction<\/span> as to the charge and any ancillary charges<\/span>. Nothing in this subsection shall divest the juvenile court<\/span> of jurisdiction<\/span> over any matters unrelated to such charge and ancillary charges<\/span> which may otherwise be properly within the jurisdiction<\/span> of the juvenile court<\/span>.\n\t\t\tIf the court<\/span> does not find probable cause<\/span> to believe that the juvenile has committed the violent juvenile felony<\/span> as charged in the petition<\/span> or warrant or if the petition<\/span> or warrant is terminated by dismissal<\/span> in the juvenile court<\/span>, the attorney for the Commonwealth may seek a direct indictment<\/span> in the circuit<\/span> court. If the petition<\/span> or warrant is terminated by nolle prosequi<\/span> in the juvenile court<\/span>, the attorney for the Commonwealth may seek an indictment<\/span> only after a preliminary hearing<\/span> in juvenile court<\/span>.\n\t\t\tIf the court<\/span> finds that the juvenile was not (i) for the purposes of subsection A, 14 years of age or older or (ii) for purposes of subsection B or C, 16 years of age or older, at the time of the alleged commission of the offense<\/span> or that the conditions specified in subdivision A 1, 2, or 3 have not been met, the case shall proceed as otherwise provided for by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An indictment<\/span> in the circuit<\/span> court cures any error or defect in any proceeding held in the juvenile court<\/span> except with respect to the juvenile’s age. If an indictment<\/span> is terminated by nolle prosequi<\/span>, the Commonwealth may reinstate the proceeding by seeking a subsequent indictment<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRIAL IN CIRCUIT COURT; PRELIMINARY HEARING; DIRECT INDICTMENT; REMAND (\u00a7\n16.1-269.1)\n\nA. Except as provided in subsections B and C, if a juvenile 14 years of age or\nolder at the time of an alleged offense is charged with an offense which would\nbe a felony if committed by an adult, the court shall, on motion of the attorney\nfor the Commonwealth and prior to a hearing on the merits, hold a transfer\nhearing and may retain jurisdiction or transfer such juvenile for proper\ncriminal proceedings to the appropriate circuit court having criminal\njurisdiction of such offenses if committed by an adult. Any transfer to the\nappropriate circuit court shall be subject to the following conditions:\n\n 1. Notice as prescribed in §§ 16.1-263 and 16.1-264 shall be given\n to the juvenile and his parent, guardian, legal custodian or other person\n standing in loco parentis; or attorney;\n\n 2. The juvenile court finds that probable cause exists to believe that the\n juvenile committed the delinquent act as alleged or a lesser included\n delinquent act which would be a felony if committed by an adult;\n\n 3. The juvenile is competent to stand trial. The juvenile is presumed to be\n competent and the burden is on the party alleging the juvenile is not\n competent to rebut the presumption by a preponderance of the evidence; and\n\n 4. The court finds by a preponderance of the evidence that the juvenile is not\n a proper person to remain within the jurisdiction of the juvenile court. In\n determining whether a juvenile is a proper person to remain within the\n jurisdiction of the juvenile court, the court shall consider, but not be\n limited to, the following factors:\n \t\t\t\ta. The juvenile’s age;\n \t\t\t\tb. The seriousness and number of alleged offenses, including (i) whether\n the alleged offense was committed in an aggressive, violent, premeditated, or\n willful manner; (ii) whether the alleged offense was against persons or\n property, with greater weight being given to offenses against persons,\n especially if death or bodily injury resulted; (iii) whether the maximum\n punishment for such an offense is greater than 20 years confinement if\n committed by an adult; (iv) whether the alleged offense involved the use of a\n firearm or other dangerous weapon by brandishing, threatening, displaying or\n otherwise employing such weapon; and (v) the nature of the juvenile’s\n participation in the alleged offense;\n \t\t\t\tc. Whether the juvenile can be retained in the juvenile justice system\n long enough for effective treatment and rehabilitation;\n \t\t\t\td. The appropriateness and availability of the services and dispositional\n alternatives in both the criminal justice and juvenile justice systems for\n dealing with the juvenile’s problems;\n \t\t\t\te. The record and previous history of the juvenile in this or other\n jurisdictions, including (i) the number and nature of previous contacts with\n juvenile or circuit courts, (ii) the number and nature of prior periods of\n probation, (iii) the number and nature of prior commitments to juvenile\n correctional centers, (iv) the number and nature of previous residential and\n community-based treatments, (v) whether previous adjudications and commitments\n were for delinquent acts that involved the infliction of serious bodily\n injury, and (vi) whether the alleged offense is part of a repetitive pattern\n of similar adjudicated offenses;\n \t\t\t\tf. Whether the juvenile has previously absconded from the legal custody of\n a juvenile correctional entity in this or any other jurisdiction;\n \t\t\t\tg. The extent, if any, of the juvenile’s degree of intellectual\n disability or mental illness;\n \t\t\t\th. The juvenile’s school record and education;\n \t\t\t\ti. The juvenile’s mental and emotional maturity;\n \t\t\t\tj. The juvenile’s physical condition and physical maturity; and\n \t\t\t\tk. Any evidence that the juvenile was a victim of felonious criminal\n sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4\n of Title 18.2 or trafficking in violation of Article 3 (§ 18.2-344 et\n seq.) of Chapter 8 of Title 18.2 by the alleged victim prior to or during the\n commission of the alleged offense and that such alleged offense was a direct\n result of the juvenile being a victim of such felonious criminal sexual\n assault or trafficking. This subdivision shall be construed to prioritize the\n successful treatment and rehabilitation of juvenile victims of human\n trafficking and sex crimes who commit acts of violence against their abusers.\n It is the intent of the General Assembly that these juveniles be viewed as\n victims and provided treatment and services in the juvenile system.\n \t\t\t\tNo transfer decision shall be precluded or reversed on the grounds that\n the court failed to consider any of the factors specified in subdivision 4.\n\nB. The juvenile court shall conduct a preliminary hearing whenever a juvenile 16\nyears of age or older is charged with murder in violation of § 18.2-31,\n18.2-32 or 18.2-40, or aggravated malicious wounding in violation of §\n18.2-51.2. If the juvenile is 14 years of age or older, but less than 16 years\nof age, then the court may proceed, on motion of the attorney for the\nCommonwealth, as provided in subsection A. Upon motion of the juvenile, the\ncourt may conduct a hearing to allow the juvenile to present any evidence\ndescribed in subdivision A 4 k. If the court finds by a preponderance of the\nevidence that sufficient evidence exists to believe that the juvenile was a\nvictim of felonious criminal sexual assault in violation of Article 7 (§\n18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in violation of\nArticle 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by the alleged\nvictim prior to or during the commission of the alleged offense and that such\nalleged offense was a direct result of the juvenile being a victim of such\nfelonious criminal sexual assault or trafficking, then the court shall proceed\nas provided in subsection A.\n\nC. The juvenile court shall conduct a preliminary hearing whenever a juvenile 16\nyears of age or older is charged with murder in violation of § 18.2-33;\nfelonious injury by mob in violation of § 18.2-41; abduction in violation\nof § 18.2-48; malicious wounding in violation of § 18.2-51; malicious\nwounding of a law-enforcement officer in violation of § 18.2-51.1;\nfelonious poisoning in violation of § 18.2-54.1; adulteration of products\nin violation of § 18.2-54.2; robbery in violation of subdivision B 1 or 2\nof § 18.2-58 or carjacking in violation of § 18.2-58.1; rape in\nviolation of § 18.2-61; forcible sodomy in violation of § 18.2-67.1;\nobject sexual penetration in violation of § 18.2-67.2; manufacturing,\nselling, giving, distributing, or possessing with intent to manufacture, sell,\ngive, or distribute a controlled substance or an imitation controlled substance\nin violation of § 18.2-248 if the juvenile has been previously adjudicated\ndelinquent on two or more occasions of violating § 18.2-248 provided the\nadjudications occurred after the juvenile was at least 16 years of age;\nmanufacturing, selling, giving, distributing, or possessing with intent to\nmanufacture, sell, give, or distribute methamphetamine in violation of §\n18.2-248.03 if the juvenile has been previously adjudicated delinquent on two or\nmore occasions of violating § 18.2-248.03 provided the adjudications\noccurred after the juvenile was at least 16 years of age; or felonious\nmanufacturing, selling, giving, distributing, or possessing with intent to\nmanufacture, sell, give, or distribute anabolic steroids in violation of §\n18.2-248.5 if the juvenile has been previously adjudicated delinquent on two or\nmore occasions of violating § 18.2-248.5 provided the adjudications\noccurred after the juvenile was at least 16 years of age, provided the attorney\nfor the Commonwealth gives written notice of his intent to proceed pursuant to\nthis subsection. Prior to giving written notice of his intent to proceed\npursuant to this subsection, the attorney for the Commonwealth shall submit a\nwritten request to the director of the court services unit to complete a report\nas described in subsection B of § 16.1-269.2 unless waived by the juvenile\nand his attorney or other legal representative. The report shall be filed with\nthe court and mailed or delivered to (i) the attorney for the Commonwealth and\n(ii) counsel for the juvenile, or, if the juvenile is not represented by\ncounsel, to the juvenile and a parent, guardian, or other person standing in\nloco parentis with respect to the juvenile, within 21 days of the date of the\nwritten request. After reviewing the report, if the attorney for the\nCommonwealth still intends to proceed pursuant to this subsection, he shall then\nprovide the written notice of such intent, which shall include affirmation that\nhe reviewed the report. The notice shall be filed with the court and mailed or\ndelivered to counsel for the juvenile or, if the juvenile is not then\nrepresented by counsel, to the juvenile and a parent, guardian or other person\nstanding in loco parentis with respect to the juvenile at least seven days prior\nto the preliminary hearing. If the attorney for the Commonwealth elects not to\ngive such notice, if he elects to withdraw the notice prior to certification of\nthe charge to the grand jury, or if the juvenile is 14 years of age or older,\nbut less than 16 years of age, he may proceed as provided in subsection A. Upon\nmotion of the juvenile, the court may conduct a hearing to allow the juvenile to\npresent any evidence described in subdivision A 4 k. If the court finds by a\npreponderance of the evidence that sufficient evidence exists to believe that\nthe juvenile was a victim of felonious criminal sexual assault in violation of\nArticle 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or trafficking in\nviolation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 by\nthe alleged victim prior to or during the commission of the alleged offense and\nthat such alleged offense was a direct result of the juvenile being a victim of\nsuch felonious criminal sexual assault or trafficking, then the court shall\nproceed as provided in subsection A.\n\nD. Upon a finding of probable cause pursuant to a preliminary hearing under\nsubsection B or C, the juvenile court shall certify the charge, and all\nancillary charges, to the grand jury. Such certification shall divest the\njuvenile court of jurisdiction as to the charge and any ancillary charges.\nNothing in this subsection shall divest the juvenile court of jurisdiction over\nany matters unrelated to such charge and ancillary charges which may otherwise\nbe properly within the jurisdiction of the juvenile court.\n\t\t\tIf the court does not find probable cause to believe that the juvenile has\ncommitted the violent juvenile felony as charged in the petition or warrant or\nif the petition or warrant is terminated by dismissal in the juvenile court, the\nattorney for the Commonwealth may seek a direct indictment in the circuit court.\nIf the petition or warrant is terminated by nolle prosequi in the juvenile\ncourt, the attorney for the Commonwealth may seek an indictment only after a\npreliminary hearing in juvenile court.\n\t\t\tIf the court finds that the juvenile was not (i) for the purposes of\nsubsection A, 14 years of age or older or (ii) for purposes of subsection B or\nC, 16 years of age or older, at the time of the alleged commission of the\noffense or that the conditions specified in subdivision A 1, 2, or 3 have not\nbeen met, the case shall proceed as otherwise provided for by law.\n\nE. An indictment in the circuit court cures any error or defect in any\nproceeding held in the juvenile court except with respect to the\njuvenile’s age. If an indictment is terminated by nolle prosequi, the\nCommonwealth may reinstate the proceeding by seeking a subsequent indictment.\n\nHISTORY: 1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c. 862; 2012, cc. 476,\n507, 772; 2020, cc. 987, 988; 2021, Sp. Sess. I, c. 534; 2024, c. 365.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}