SPECIAL TREATMENT FOR JUVENILES UNDER VIRGINIA LAW

Juvenile criminal defense is different under Virginia law from adult criminal defense. Juveniles generally experience more lenient treatment under Virginia Law.

Crimes by Juveniles are generally prosecuted as delinquency acts in Virginia Juvenile and Domestic Relations District Courts. Juveniles are defined by their age for purposes of prosecution: 17 and under are considered minors. But your child’s age doesn’t prevent the government from prosecuting your juvenile as an adult for serious crimes.

Virginia law provides that juveniles age 14 to 17 may be tried as an adult for certain enumerated crimes. Va Law §16.1-169(A). However, when a juvenile is tried as an adult and convicted of a felony, the court may depart from any mandatory minimum sentence required by law and suspend any portion of the sentence. Va Law § 16.1-272. When sentencing a juvenile as an adult, the court must consider the juvenile’s exposure to adverse childhood experiences, early childhood trauma, or any child welfare agency and the differences between juvenile and adult offenders.

  • SEALED PROCEEDINGS
    The records and information pertaining to juvenile proceedings are private and the general public is not permitted to access the information.
  • SCHOOL NOTICE
    When a juvenile has been charged with certain crimes, the government will provide notice of the charges to the superintendent of the juvenile’s school.
  • COLLEGE / UNIVERSITY NOTICE
    Colleges frequently require information on juvenile charges and convictions, both prior to admission and even after acceptance.
  • DRIVER’S LICENSE SUSPENSION
    Juvenile misdemeanor convictions can result in a license suspension for a juvenile. Certain offenses, such as possession of alcohol by a minor (possession of alcohol under 21), possession of marijuana, or truancy, require that a juvenile’s license, or opportunity to obtain a license, be suspended.
  • JUVENILE FELONY PROCEDURE
    If a juvenile is 16 years of age or older, he can be tried and punished as an adult for felony charges. Juveniles over the age of 16 who are convicted of felonies will permanently be deprived of their privilege to own a firearm weapon for self defense. As explained previously, felony juvenile records don’t disappear. Convicted felons, including juveniles, get a permanent adult record.
  • INCARCERATION UPON CONVICTION
    If convicted of a misdemeanor or a felony, a child may be sentenced by the court to remain incarcerated in the Juvenile Detention Facility or committed to the Department of Juvenile Justice until he or she reaches the age of 21. In some cases as described above, a juvenile can be certified as an adult, and then convicted as an adult as well. If convicted in such a case, the juvenile will be subject to the same incarceration penalties as an adult.

Police Interrogation of Juvenile

The parent or guardian must be notified of a juvenile’s arrest prior to any custodial interrogation by a law enforcement officer, and the child must have contact with his parent or guardian before the interrogation.

Exceptions to this rule:

• The parent is a codefendant,
• The parent is suspected of committing a crime against the child,
• The parent cannot reasonably be located or refuses contact; or
• The police officer believes the information sought is necessary to protect life, limb, or property from imminent danger and the interrogation questions are limited to those that are reasonably necessary to obtain that information.


Possession of Marijuana by a Juvenile

Under Va Law § 18.2-250.1, possession of marijuana is unlawful in Virginia, but the violation is classified as a delinquent act for juveniles (Va Code §16.1-228) with a maximum fine of $25 and loss of driving privileges for a period of 6 months.

Juveniles are eligible for deferment of their marijuana possession charge, whereas adults are not.

“Delinquent act” means (i) an act designated a crime under the law of the Commonwealth, or an ordinance of any city, county, town, or service district, or under federal law, (ii) a violation of § 18.2-308.7, or (iii) a violation of a court order as provided for in § 16.1-292, but does not include an act other than a violation of § 18.2-308.7, which is otherwise lawful, but is designated a crime only if committed by a child. For purposes of §§ 16.1-241 and 16.1-278.9, “delinquent act” includes a refusal to take a breath test in violation of § 18.2-268.2 or a similar ordinance of any county, city, or town. For purposes of §§ 16.1-241, 16.1-273, 16.1-278.8, 16.1-278.8:01, and 16.1-278.9, “delinquent act” includes a violation of § 18.2-250.1.


ARE JUVENILE RECORDS IN VIRGINIA SEALED OR OPEN?

Virginia Juvenile records, charges, and convictions do not get sealed immediately, nor do they disappear. For this reason, pleading guilty or paying a ticket without fighting it in court will not make your charge go away.

FELONY: A Virginia juvenile felony conviction will remain on your criminal record for the rest of your life.

MISDEMEANOR: A Virginia juvenile misdemeanor conviction will be administratively removed from your criminal record eventually – five years after the offense is committed OR after a juvenile turns 19 years old, whichever is later.

TRAFFIC: Traffic criminal offenses in Virginia committed by juveniles, such as a DUI or reckless driving, can remain on the DMV record until the age of 29.


 


Virginia Juvenile Criminal Defense Attorney
Call 888-886-4127

This article is written by Virginia juvenile criminal defense attorney Marina Medvin, an award-winning defense lawyer serving Alexandria, Fairfax and Arlington, VA. She successfully represents juveniles charged with criminal offenses in Alexandria, Arlington, Fairfax, Vienna and Falls Church. Please call for a Virginia juvenile defense consultation.


Breaking and Entering, Grand Larceny Felony Charges REDUCED then DISMISSED

FAIRFAX, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Juvenile criminal charges for Felony Breaking and Entering and Grand Larceny were initially reduced and amended to two Misdemeanor charges of Unlawful Entry and Petit Larceny, and after compliance with agreed-upon conditions, the amended charges were DISMISSED. The juvenile client walked away with [...]

Read More
Attorney Explanation of Virginia Law 18.2-266.1 Driving After Illegally Consuming Alcohol Under 21

Virginia “ZERO TOLERANCE” Law for Underage Drinking and Driving Virginia law VA Code 18.2-266.1 punishes juveniles and persons under the age of 21 who are caught driving after illegally consuming alcohol with a BAC between .02 and .07. Driving after illegally consuming alcohol is punished as a Class 1 misdemeanor [...]

Read More
Felony Drug Distribution Adderall Charges DROPPED | Fairfax Virginia

FAIRFAX, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: A felony charge for the Distribution of Adderall under Va Law 18.2-248 by a juvenile at a public school was DISMISSED at the preliminary hearing. The juvenile student was able to keep a clean record. Adderall is a prescription drug, a controlled substance. [...]

Read More
Virginia Juvenile Criminal Defense Lawyer’s Explanation of Laws, Penalties and Procedures for Juvenile Charges

SPECIAL TREATMENT FOR JUVENILES UNDER VIRGINIA LAW Juvenile criminal defense is different under Virginia law from adult criminal defense. Juveniles generally experience more lenient treatment under Virginia Law. Crimes by Juveniles are generally prosecuted as delinquency acts in Virginia Juvenile and Domestic Relations District Courts. Juveniles are defined by their [...]

Read More
Burglary & Grand Larceny Felony Charges to be DISMISSED

Fairfax, VA: Burglary and Grand Larceny charges, for breaking and entering into a store with a deadly weapon at night and stealing merchandise, were REDUCED to Misdemeanors – which were then scheduled out for DISMISSAL after a 2 year good behavior period. The juvenile client will be able to keep [...]

Read More
Juvenile Felony Embezzlement in Alexandria VA REDUCED

ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: First offense Felony Embezzlement charge under Va Law 18.2-111 for a juvenile offender was AMENDED and REDUCED to a Misdemeanor and resulted in NO penalties. In the City of Alexandria Juvenile & Domestic Relations District Court at 520 King St, Alexnadria, VA 22314. § [...]

Read More
Fairfax DUI with a BAC of .16 was REDUCED to Lower Charge at a .02 BAC, NO JAIL

FAIRFAX COUNTY VIRGINIA DUI ATTORNEY RESULT:20-year-old client charged under Va Code 18.2-266 DUI Charge with a .16 BAC (mandatory minimum penalty of 5 days in jail as charged) resulted in a REDUCTION and AMENDMENT of the charge to an 18.2-266.1 violation with an amendment of the record BAC level to [...]

Read More
Alexandria VA Juvenile Reckless Driving DISMISSED

CRIMINAL DEFENSE ATTORNEY CASE RESULT ALEXANDRIA VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT: Federal misdemeanor charge for a juvenile Reckless Driving by Speeding 83/50 on the GW Parkway was DISMISSED, irrespective of prior criminal; and traffic ticket convictions. Related speeding ticket resulted in a $200 fine. Federal [...]

Read More
Virginia Juvenile Reckless Driving 86/40 GW Parkway Federal Charge DISMISSED

CRIMINAL DEFENSE ATTORNEY CASE RESULT ALEXANDRIA VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT:Federal misdemeanor charge for a Juvenile Recklessly Driving by Speeding 86/40 on the GW Parkway was DISMISSED. Related speeding ticket resulted in reduction of the speed, a fine for the reduced ticket, and 20 hours [...]

Read More
Virginia Teen Accused of Felony Sexting Distribution of Child Pornography Charges Results in Government’s Non-Prosecution

ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Attorney representation during an Arlington County / City of Falls Church Police, and concurrent Federal investigation, of teenage “sexting” and distribution of child pornography charges – for teen sending nude photos via mobile devices and computers – resulted in promise from the Government for [...]

Read More
Fairfax Juvenile Reckless Driving 65/35 to be DISMISSED

FAIRFAX RECKLESS DRIVING ATTORNEY RESULT: Misdemeanor charge of Reckless Driving by Speeding 65/35, VA Code 46.2-862, was first REDUCED and AMENDED to Speeding 19 miles over, and the amended speeding ticket was then scheduled for DISMISSAL upon completion of a driver improvement class. Fairfax County Juvenile and Domestic Relations District [...]

Read More
Huffington Post Interview with Marina Medvin: “Teens Who Take Nude Photos Of Themselves Can Still Be Treated As Sex Offenders”

The falling story appeared in the Huffington Post and is presented as it appears on their web site: Teens Who Take Nude Photos Of Themselves Can Still Be Treated As Sex Offenders In many states, they don’t have to share the photo to break the law. 09/09/2015 05:15 pm ET [...]

Read More
Alexandria Police Investigation of Teen Sexting / Distribution of Child Pornography Results in NO CHARGES FILED

ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Attorney representation during Alexandria Police investigation of teenage “sexting,” aka production and distribution of child pornography for teens sending nude photos of themselves via mobile devices, resulted in NO CHARGES FILED. The relevant code section for such charges would have been Va Code 18.2-374.1:1. [...]

Read More
Juvenile Reckless Driving by Speeding More than Double the Speed Limit 82/40 Charge DISMISSED

CRIMINAL DEFENSE ATTORNEY CASE RESULT IN THE ALEXANDRIA VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Federal misdemeanor charge for Reckless Driving by Speeding 82/40 on the GW Parkway by a juvenile was DISMISSED. Related speeding ticket resulted in a $150 fine. Courthouse: United States District [...]

Read More
Juvenile DUI Vehicle Collision in Fairfax Virginia Results in REDUCED Charge, No Jail

FAIRFAX VIRGINIA JUVENILE DUI ATTORNEY RESULT: Juvenile charged with DUI (Va Code 18.2-266.1), after vehicle collision involving evidence of driver’s alcohol consumption, resulted in AMENDMENT and REDUCTION of the charge to a Reckless Driving offense, punished only by 6 a restricted driver’s license and an alcohol education class. No community [...]

Read More
Fairfax County Trespass in Park After Dark Charges DROPPED at First Hearing

FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Misdemeanor Charge for Trespassing in a Park After Dark (Va Code 15.2-5705) was DROPPED at first hearing. Fairfax County General District Court at 4110 Chain Bridge Road, Fairfax, VA 22030. Read more about Juvenile Criminal Defense here: Virginia Juvenile Criminal Defense Lawyer’s Explanation of [...]

Read More
Fairfax Juvenile Grand Larceny Shoplifting Charge DISMISSED

FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Juvenile client facing Felony Grand Larceny charges (VA Code 18.2-95, 18.2-103) for Shoplifting over $1000.00 in merchandise from Target, had charges DIVERTED to be DISMISSED before they can be entered into the criminal system, and so the client is able to keep a [...]

Read More
Alexandria Virginia Possession of Alcohol by a Minor Charges DROPPED

ALEXANDRIA VIRGINIA JUVENILE CRIMINAL DEFENSE ATTORNEY CASE RESULT: Class 1 Misdemeanor charge for underage Possession of Alcohol by a minor (VA Code 4.1-305) was DROPPED upon the defense Motion to Suppress and a finding of insufficient evidence to prosecute. In the City of Alexandria Juvenile and Domestic Relations District Court [...]

Read More
Fairfax Virginia Felony Grand Larceny and Felony Possession of Burglary Tools DISMISSED

FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Juvenile client facing Felony Grand Larceny / Shoplifting charges (VA Code 18.2-95, 18.2-103) and Felony Possession of Burglary Tools (VA Code 18.2-94) had charges DIVERTED to be DISMISSED before they can be entered into the criminal system, and so the client is able [...]

Read More
Alexandria VA Juvenile Possession of Marijuana and Possession of Alcohol by a Minor, ALL CHARGES DROPPED

ALEXANDRIA VIRGINIA JUVENILE CRIMINAL DEFENSE ATTORNEY CASE RESULT: Class 1 Misdemeanor charge for underage Possession of Alcohol by a minor (VA Code 4.1-305) and a Misdemeanor Possession of Marijuana charge (Va Code 18.2-250.1) were both DROPPED at the first hearing for insufficient evidence. In the City of Alexandria Juvenile and [...]

Read More
Misdemeanor Charges for Drunk in Public and Possession of Alcohol by a Minor in Alexandria Virginia, All Charges DROPPED

ALEXANDRIA JUVENILE DEFENSE ATTORNEY RESULT:Class 1 Misdemeanor charge for underage Possession of Alcohol by a minor (VA Code 4.1-305) and a misdemeanor Drunk in Public charge (Va Law 18.2-388, Alexandria Code 13-1-5) were both DROPPED. Read more about Juvenile Criminal Defense here: Virginia Juvenile Criminal Defense Lawyer’s Explanation of Laws, [...]

Read More
Fairfax Virginia Juvenile Shoplifting Felony Grand Larceny will be DISMISSED

FAIRFAX VIRGINIA ATTORNEY CASE RESULT: Juvenile client facing Felony Grand Larceny / Shoplifting (VA Code 18.2-95, 18.2-103) had charges DIVERTED to be DISMISSED before they can be entered into the criminal system, and so the client is able to keep a clean record. Diversion required only the completion of a [...]

Read More
Underage Possession of Alcohol by a Minor in Fairfax Virginia Misdemeanor Charge DROPPED

Fairfax Virginia Attorney’s Case Result: Class 1 Misdemeanor charge for underage Possession of Alcohol by a minor (VA Code 4.1-305) was DROPPED after completion of an Alcohol Education class. Read more about Juvenile Criminal Defense here: Virginia Juvenile Criminal Defense Lawyer’s Explanation of Laws, Penalties and Procedures for Juvenile Charges: [...]

Read More
Juvenile DWI / DUI in Fairfax Virginia REDUCED to Improper Driving with Only a Fine

FAIRFAX VIRGINIA ATTORNEY RESULT: Juvenile’s DWI / DUI arrest under VA Code 18.2-266.1 was significantly REDUCED and AMENDED to Improper Driving, a citation with only a $300 fine. No loss of license, no ASAP classes, nor any other limitations of a DUI conviction. [...]

Read More
Misdemeanor Possession of Marijuana (18.250.1) by a Juvenile in Fairfax Virginia will be DISMISSED

FAIRFAX, VIRGINIA: Misdemeanor Possession of Marijuana by a juvenile (VA Code 18.250.1) will be DISMISSED after 6 months of good behavior, completion of community service and a drug program. Read more about Juvenile Criminal Defense here: Virginia Juvenile Criminal Defense Lawyer’s Explanation of Laws, Penalties and Procedures for Juvenile Charges: [...]

Read More
Clean Record for Juvenile Accused of Possession of Marijuana in Fairfax Virginia

Fairfax, Virginia: A juvenile accused of marijuana possession (VA Code 18.2-250.1) will keep a clean record with no criminal charges or convictions on his record through the Fairfax County Juvenile Intake Diversion. Read more about Juvenile Criminal Defense here: Virginia Juvenile Criminal Defense Lawyer’s Explanation of Laws, Penalties and Procedures [...]

Read More
Felony Grand Larceny Charges in Fairfax County DROPPED at Preliminary Hearing

ATTORNEY CASE RESULT IN FAIRFAX, VIRGINIA: A felony Grand Larceny charge and a misdemeanor Petit Larceny charge for juvenile wallet theft offenses, (VA Code 18.2-95 and 18.2-96), were both DROPPED at the first appearance at the Preliminary Hearing. Read more about Larceny & Shoplifting Law here: Virginia Grand Larceny, Petit [...]

Read More
Possession of Marijuana Charge DROPPED for Juvenile w/ Criminal Record in Alexandria VA

Alexandria Virginia: A juvenile’s misdemeanor marijuana possession charge (VA Code 18.2-250.1) was DROPPED through the DIVERSION program, even though client had a criminal history before this charge, and even though client was charged with another marijuana possession charge after this charge. Read more about Juvenile Criminal Defense here: Virginia Juvenile [...]

Read More
Juvenile Felony Grand Larceny & Misdemeanor Petit Larceny Charges will be DISMISSED in Fairfax VA

FAIRFAX COUNTY, VIRGINIA: Juvenile client was charged with Felony Grand Larceny (VA Code 18.2-95) and Class 1 Misdemeanor Petit Larceny (VA Code 18.2-96). Charges will be DIVERTED and thus DISMISSED before they can be entered into the criminal system, and so the client is able to keep a clean record. [...]

Read More
Underage Possession of Alcohol by Minor to be DISMISSED

VIRGINIA JUVENILE DEFENSE ATTORNEY CASE RESULT: Class 1 Misdemeanor charge for Underage Possession of Alcohol by a minor (VA Code 4.1-305) was FIRST REDUCED to Class 4 Misdemeanor Drinking in Public (VA Code 4.1-308) AND will be DISMISSED after just 2 months of good behavior and completion of 20 hours [...]

Read More

 

COMMON JUVENILE OFFENSES


Strip Searches of Children Prohibited

Under Virginia law, no child under 18 shall be strip-searched or subjected to a search of any body-cavity by a law enforcement officer or a jail officer, with limited exceptions:

– Children committed to DJJ or in a secure local facility for juveniles or adults;

– Children under custodial arrest when there is reasonable cause to believe the child is concealing a weapon.


Federal Law Treatment of Juveniles Charged With Federal Offenses in the United States District Court in the Eastern District of Virginia in Alexandria

18 U.S. Code § 5032 – Delinquency proceedings in district courts; transfer for criminal prosecution
A juvenile alleged to have committed an act of juvenile delinquency, other than a violation of law committed within the special maritime and territorial jurisdiction of the United States for which the maximum authorized term of imprisonment does not exceed six months, shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to the appropriate district court of the United States that (1) the juvenile court or other appropriate court of a State does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, (2) the State does not have available programs and services adequate for the needs of juveniles, or (3) the offense charged is a crime of violence that is a felony or an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), (3)), section 922(x) or section 924(b), (g), or (h) of this title, and that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.

If the Attorney General does not so certify, such juvenile shall be surrendered to the appropriate legal authorities of such State. For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

If an alleged juvenile delinquent is not surrendered to the authorities of a State pursuant to this section, any proceedings against him shall be in an appropriate district court of the United States. For such purposes, the court may be convened at any time and place within the district, in chambers or otherwise. The Attorney General shall proceed by information or as authorized under section 3401(g) of this title, and no criminal prosecution shall be instituted for the alleged act of juvenile delinquency except as provided below.

A juvenile who is alleged to have committed an act of juvenile delinquency and who is not surrendered to State authorities shall be proceeded against under this chapter unless he has requested in writing upon advice of counsel to be proceeded against as an adult, except that, with respect to a juvenile fifteen years and older alleged to have committed an act after his fifteenth birthday which if committed by an adult would be a felony that is a crime of violence or an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, 959), or section 922(x) of this title, or in section 924(b), (g), or (h) of this title, criminal prosecution on the basis of the alleged act may be begun by motion to transfer of the Attorney General in the appropriate district court of the United States, if such court finds, after hearing, such transfer would be in the interest of justice. In the application of the preceding sentence, if the crime of violence is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile possessed a firearm during the offense, section 2111, 2113, 2241(a), or 2241(c), “thirteen” shall be substituted for “fifteen” and “thirteenth” shall be substituted for “fifteenth”. Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to the preceding sentence for any offense the Federal jurisdiction for which is predicated solely on Indian country (as defined in section 1151), and which has occurred within the boundaries of such Indian country, unless the governing body of the tribe has elected that the preceding sentence have effect over land and persons subject to its criminal jurisdiction. However, a juvenile who is alleged to have committed an act after his sixteenth birthday which if committed by an adult would be a felony offense that has as an element thereof the use, attempted use, or threatened use of physical force against the person of another, or that, by its very nature, involves a substantial risk that physical force against the person of another may be used in committing the offense, or would be an offense described in section 32, 81, 844(d), (e), (f), (h), (i) or 2275 of this title, subsection (b)(1)(A), (B), or (C), (d), or (e) of section 401 of the Controlled Substances Act, or section 1002(a), 1003, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), (3)), and who has previously been found guilty of an act which if committed by an adult would have been one of the offenses set forth in this paragraph or an offense in violation of a State felony statute that would have been such an offense if a circumstance giving rise to Federal jurisdiction had existed, shall be transferred to the appropriate district court of the United States for criminal prosecution.

Evidence of the following factors shall be considered, and findings with regard to each factor shall be made in the record, in assessing whether a transfer would be in the interest of justice: the age and social background of the juvenile; the nature of the alleged offense; the extent and nature of the juvenile’s prior delinquency record; the juvenile’s present intellectual development and psychological maturity; the nature of past treatment efforts and the juvenile’s response to such efforts; the availability of programs designed to treat the juvenile’s behavioral problems. In considering the nature of the offense, as required by this paragraph, the court shall consider the extent to which the juvenile played a leadership role in an organization, or otherwise influenced other persons to take part in criminal activities, involving the use or distribution of controlled substances or firearms. Such a factor, if found to exist, shall weigh in favor of a transfer to adult status, but the absence of this factor shall not preclude such a transfer.

Reasonable notice of the transfer hearing shall be given to the juvenile, his parents, guardian, or custodian and to his counsel. The juvenile shall be assisted by counsel during the transfer hearing, and at every other critical stage of the proceedings.

Once a juvenile has entered a plea of guilty or the proceeding has reached the stage that evidence has begun to be taken with respect to a crime or an alleged act of juvenile delinquency subsequent criminal prosecution or juvenile proceedings based upon such alleged act of delinquency shall be barred.

Statements made by a juvenile prior to or during a transfer hearing under this section shall not be admissible at subsequent criminal prosecutions.

Whenever a juvenile transferred to district court under this section is not convicted of the crime upon which the transfer was based or another crime which would have warranted transfer had the juvenile been initially charged with that crime, further proceedings concerning the juvenile shall be conducted pursuant to the provisions of this chapter.

A juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile court records of such juvenile have been received by the court, or the clerk of the juvenile court has certified in writing that the juvenile has no prior record, or that the juvenile’s record is unavailable and why it is unavailable.

Whenever a juvenile is adjudged delinquent pursuant to the provisions of this chapter, the specific acts which the juvenile has been found to have committed shall be described as part of the official record of the proceedings and part of the juvenile’s official record.


Best Lawyers in Virginia - Criminal Defense and DUI Law