Motion & Decl for Hearing Declining Jurisdiction

Total Page:16

File Type:pdf, Size:1020Kb

Motion & Decl for Hearing Declining Jurisdiction

SUPERIOR COURT OF WASHINGTON COUNTY OF ______JUVENILE COURT

STATE OF WASHINGTON v. No:

MOTION AND DECLARATION FOR DECLINATION HEARING Respondent(s). (MTAF) D.O.B.:

I. MOTION The undersigned requests the court to schedule a hearing to determine whether the court should decline to exercise Juvenile Court jurisdiction over the above-named respondent and instead transfer the case to the Superior Court for respondent’s handling as an adult.

Dated: ______Signature ______Type or Print Name/Title/Agency/Bar Number

II. DECLARATION I, ______, hereby declare as follows: 2.1 I am ______. I make this declaration of personal knowledge and could and would competently testify to its contents.

2.2 The respondent’s date of birth is: ______.

2.3  An information was filed charging the respondent with the offense(s) of: ______

______. committed on ______(date).  The respondent was 16 or 17 years old when respondent allegedly committed an offense listed in RCW 13.04.030(1)(e)(v) and the respondent was under the exclusive jurisdiction of the adult criminal court for prosecution and: MTN/DECL FOR DECLINATION HEARING (MTAF) - Page 1 of 2 WPF JU 08.0100 (7/2009) - RCW 13.04.030(1)(e)(v), 13.40.110  The respondent was found not guilty of the offense(s) for which he or she was subject to adult criminal court and this court has jurisdiction over the disposition of the remaining offense(s): ______.  The respondent was convicted in the adult criminal court of a lesser included offense that is not also an offense listed in RCW 13.04.030(1)(e)(v): ______.

2.4 In this case, the statute requires:  mandatory, or  discretionary, hearing to determine retention or decline of juvenile court jurisdiction. The court should conduct a hearing to determine whether transfer for adult criminal prosecution and/or disposition would be in the best interests of the respondent or the public.

I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

Signed at ______on ______. (Place) (Date)

______Signature

______Type or Print Name/Title/Agency/WSBA No.

MTN/DECL FOR DECLINATION HEARING (MTAF) - Page 2 of 2 WPF JU 08.0100 (7/2009) - RCW 13.04.030(1)(e)(v), 13.40.110

Recommended publications