Sec. 3. Upon motion of the prosecuting attorney and after a full investigation and a hearing, the court may waive jurisdiction if it finds that:

(1) the child is charged with an act that, if committed by an adult, would be a felony under IC 35-48-4;

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Indiana Code 31-30-3-3

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) there is probable cause to believe that the child has committed the act;

(3) the child was at least sixteen (16) years of age when the act was allegedly committed; and

(4) it is in the best interests of the safety and the welfare of the community for the child to stand trial as an adult.

[Pre-1997 Recodification Citation: 31-6-2-4(c).]

As added by P.L.1-1997, SEC.13.