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141. Waiver Of Juvenile Delinquency And Request To Be Proceeded Against As An Adult

A juvenile may also waive juvenile delinquency|B252 proceedings and request to be proceeded against as an adult. 18 U.S.C.A. § 5032 (West Supp. 1995). This request must be in writing and made upon advice of counsel. Id. At first blush, this may seem an unlikely event, but in actuality happens often. A juvenile may be willing to agree to be treated as an adult by virtue of a plea agreement if facing a high sentence if convicted of all the criminal acts. This may arise in cases where multiple convictions of 18 U.S.C.A. §  924(c) are possible which would result in severe enhanced penalties. It should be noted that even when the juvenile consents, the court should enter an order that the actual transfer is appropriate. David H., 29 F. 3d at 492.

Updated December 7, 2018