Step 6Take the Necessary Steps to Advance
At this point, you are ready to proceed in the order most
your situation. The next steps include:|
- Obtaining the United States Attorney's signature on
required certification. See USAM 9-8.110.
- If you decide to prosecute the juvenile as an adult,
to move to transfer the juvenile to adult status. The Attorney
the authority to approve these transfer motions to the Assistant
for the Criminal Division in an order reprinted at 28 C.F.R. 0.57.
authority has been redelegated to the United States Attorneys by
memo of the
Assistant Attorney General of the Criminal Division dated 7/20/95,
Criminal Division should be notified prior to the filing of any
Accord, USAM Blue Sheet amending 9-2.134 dated 6/19/95
subsections of 9.2.000).
- Thus, unless transfer of a juvenile to adult status is
§ 5032, you must obtain authorization to file a transfer
request for authorization should include information concerning the
prior history, the nature of his or her involvement in the offense,
and when a
response is needed.
- Preparing and filing sealed court papers, including juvenile
arrest warrant, information, and motion papers, if the filing of
the motion to
transfer is authorized.
- Negotiating an appropriate plea disposition, preferably before
expends time on a transfer motion.
- Remember to provide notice separately to the juvenile's
parent of any
subpoena, request for an interview, arrest, and initial hearing
date. If a
parent cannot be located or the parent's interest is adverse, you
should ask for
appointment of a guardian ad litem under 18 U.S.C. § 5034. If
seeks to waive the presence of a parent or guardian at a time when
he or she is
not represented by counsel, you may wish to obtain temporary adult
avoid any subsequent litigation of the juvenile's competence to
parent's presence. You also may wish to document on tape any
statements of the juvenile in order to support a finding that the
both knowing and voluntary.
[cited in Criminal Resource Manual 48]