Illegal Juvenile To Adult Transfer

Summary

Recharging a juvenile as an adult without proper certification or waiver is illegal under Pennsylvania law (42 Pa.C.S. § 6355). Violations include due process (In re Gault, 387 U.S. 1), double jeopardy (Breed v. Jones, 421 U.S. 519), and unlawful detention (Roper v. Simmons, 543 U.S. 551). Preventing habeas corpus claims also violates constitutional rights (Fay v. Noia, 372 U.S. 391). Consult a legal professional for detailed advice.

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****

I understand the situation involves complex legal issues related to juvenile and adult charges. To help you better, could you please provide the following details:
- The individual's current age.
- The nature of the charges.
- Whether the individual was initially tried as a juvenile or an adult.
This will help me provide the relevant Pennsylvania laws and legal principles.

current * tried as a juvenile as stated ****

Thank you for the information. Based on what you've shared, it seems that there are potential violations related to trying an individual initially as a juvenile and later recharging them as an adult without proper certification or waiver.
Here's some general information on Pennsylvania law regarding juvenile and adult charges:
- **Juvenile Act (* Pa.C.S. § * et seq.)**: Governs the treatment of juveniles in the legal system.
- **Certification (Transfer to Adult Court)**: Under * Pa.C.S. § *, a juvenile can be transferred to adult court if certain criteria are met, including the severity of the offense and the juvenile's age.
- **Double Jeopardy**: The Fifth Amendment prohibits trying someone twice for the same offense, which could be relevant if the individual was recharged.
Given the complexity of this situation, I recommend consulting with a legal professional who can provide detailed advice and representation specific to the case.
For further assistance, you can contact:

Philadelphia County Court of Common Pleas

Phone: (*) *-*
Address: * Filbert St, Philadelphia, PA *
Website: www.courts.phila.gov

Please let me know if

this is for pa

I understand your frustration. Here's some additional information that might help:
- **Juvenile Act (* Pa.C.S. § * et seq.)**: This law governs how juveniles are treated in Pennsylvania's legal system.
- **Certification (Transfer to Adult Court)**: * Pa.C.S. § * outlines how and when a juvenile can be transferred to adult court.
- **Double Jeopardy**: The Fifth Amendment protects against being tried twice for the same offense.
For more detailed help, contact:

Philadelphia County Court of Common Pleas

Phone: (*) *-*
Address: * Filbert St, Philadelphia, PA *
Website: [Philadelphia Courts](http://www.courts.phila.gov)
Would you like more specific assistance or have any further questions?

explain how

Sure, I can explain the legal principles in more detail.
*. **Juvenile Act (* Pa.C.S. § * et seq.)**:
- This Act defines how juveniles are processed in Pennsylvania’s legal system, emphasizing rehabilitation over punishment.
*. **Certification (Transfer to Adult Court) (* Pa.C.S. § *)**:
- This law outlines the conditions under which a juvenile can be transferred to adult court. Factors include the severity of the crime and the juvenile's age. Proper procedures must be followed for this transfer.
*. **Double Jeopardy**:
- The Fifth Amendment to the U.S. Constitution protects against being tried twice for the same offense. If someone is recharged for the same crime without proper legal procedures, it could constitute a violation of this right.
*. **Unlawful Detention**:
- Holding someone without proper jurisdiction or legal basis, especially after a de novo trial, can be contested as unlawful.
Would you like to know more about a specific aspect or need further assistance?

how to plaintiff here

To initiate a legal action as a plaintiff in Pennsylvania, you need to follow these steps:
*. **Draft a Complaint**:
- Detail the facts, legal grounds, and relief sought.

*. **File the Complaint**:
- Submit it to the appropriate court, usually the Court of Common Pleas.

*. **Serve the Defendant**:
- Ensure the defendant receives a copy of the complaint.
Would you like more detailed assistance on any of these steps?

how does it apply here o certification or waiver is a violation on pending charges after a denovo trial ensued sequestering whether he was guilty, finding him continued juvenile and giving indefinite sentence, placing him in juvenile prison, replacement, closed from jurisdiciton, in limbo, and recharged as an an adult who was a juvenile is illegal, statethe law in support us, an pa, and others binding in support this is blatently illegal.

I understand that you are seeking clarity on the legality of the situation involving a juvenile who was recharged as an adult without proper certification or waiver. Here are some key points under Pennsylvania law:
*. **Juvenile Act (* Pa.C.S. § * et seq.)**:
- This Act outlines how juveniles are handled in the legal system, focusing on rehabilitation.
*. **Certification (Transfer to Adult Court) (* Pa.C.S. § *)**:
- This statute specifies the criteria for transferring a juvenile to adult court, including the crime's severity and the juvenile's age. Proper certification procedures must be followed.
*. **Double Jeopardy**:
- The Fifth Amendment protects against being tried twice for the same offense. Recharging a juvenile as an adult for the same crime might violate this protection.
*. **Unlawful Detention**:
- Holding someone without proper jurisdiction or legal basis after a de novo trial can be challenged as unlawful.
To pursue this further, you might consider consulting with a legal professional. Here’s the contact for the Philadelphia County Court of Common Pleas:

Philadelphia County Court of Common Pleas

Phone: (*) *-*

yes but the adult charges are illegal after and during limbo from that correct

It seems that the situation involves recharging a juvenile as an adult without proper certification or waiver, which may be illegal.
Key points under Pennsylvania law:
- **Juvenile Act (* Pa.C.S. § * et seq.)**: Governs juvenile legal procedures, emphasizing rehabilitation.
- **Certification (* Pa.C.S. § *)**: Required for transferring a juvenile to adult court.
- **Double Jeopardy**: The Fifth Amendment prohibits being tried twice for the same offense.
Would you like further assistance or more details on a specific aspect?

yes

Certainly, I'd be happy to provide more information.

Key Points:
- **Juvenile Act (* Pa.C.S. § * et seq.)**:
- Governs the treatment of juveniles in the legal system with an emphasis on rehabilitation.

- **Certification (* Pa.C.S. § *)**:
- Specifies the criteria and procedures for transferring a juvenile to adult court. Proper certification is mandatory for such a transfer.

- **Double Jeopardy**:
- The Fifth Amendment protects individuals from being tried twice for the same offense. Recharging a juvenile as an adult for the same crime without proper legal procedures could violate this protection.

Unlawful Detention:
- Holding someone without proper jurisdiction or legal basis, especially after a de novo trial, can be challenged as unlawful.

Next Steps:
*. **Consult with a Legal Professional**:
- Given the complexity, it is advisable to consult a legal expert who can provide tailored advice and representation.
*. **Contact Relevant Authorities**:
- For more detailed help, you can reach out to the Philadelphia County Court of Common Pleas:

~Philadelphia County Court of Common Pleas
Phone: (*) *-*
Address

explain how it is illegal, to what was stated citing the law, case law, juvenile act in support

To explain how the situation could be illegal under Pennsylvania law, let's break down each aspect:

Relevant Legal Points:
*. **Juvenile Act (* Pa.C.S. § * et seq.)**:
- This Act governs how juveniles are treated in the legal system, emphasizing rehabilitation over punishment.
*. **Certification (Transfer to Adult Court) (* Pa.C.S. § *)**:
- This statute outlines the conditions under which a juvenile can be transferred to adult court. It requires:
- A hearing to determine if the transfer is in the public interest.
- Consideration of the juvenile's age, the nature of the offense, and the juvenile's amenability to treatment.
*. **Double Jeopardy**:
- The Fifth Amendment to the U.S. Constitution protects against being tried twice for the same offense. Recharging a juvenile as an adult for the same crime without proper legal procedures could violate this protection.
*. **Unlawful Detention**:
- Holding someone without proper jurisdiction or legal basis can be contested as unlawful. If the juvenile court's jurisdiction was improperly closed and the individual was recharged as an adult without certification, this could be deemed unlawful.

Application to Your Case

explain how according to this **** for each how it is illegal and the case law law that supports its illegal

To address the legality of the situation you've described, let's break down the key points and provide the relevant laws and case law:

Key Legal Points:
*. **Juvenile Act (* Pa.C.S. § * et seq.)**
*. **Certification (Transfer to Adult Court) (* Pa.C.S. § *)**
*. **Double Jeopardy**
*. **Unlawful Detention**

Analysis and Supporting Laws:
*. **Juvenile Act (* Pa.C.S. § * et seq.)**:
- **Violation**: If the individual was tried and sentenced as a juvenile, the process should focus on rehabilitation.
- **Case Law**: *In re Gault, * U.S. * (*)* - Emphasizes the importance of due process rights for juveniles.
- **Explanation**: The indefinite sentence and recharging without proper procedure violate the act's rehabilitation focus.
*. **Certification (Transfer to Adult Court) (* Pa.C.S. § *)**:
- **Violation**: The individual was recharged as an adult without proper certification or waiver.
- **Case Law**: *Kent v. United

yes but how exactly as described

Certainly, let's break down each aspect to explain how it could be illegal and provide the relevant laws and case law supporting it:

Key Legal Points:
*. **Juvenile Act (* Pa.C.S. § * et seq.)**
*. **Certification (Transfer to Adult Court) (* Pa.C.S. § *)**
*. **Double Jeopardy**
*. **Unlawful Detention**

Analysis and Supporting Laws:
*. **Juvenile Act (* Pa.C.S. § * et seq.):**
- **Violation:** If a juvenile is tried and sentenced without a focus on rehabilitation, it can violate the act.
- **Case Law:** *In re Gault, * U.S. * (*)* - This landmark case emphasizes the importance of due process rights for juveniles.
- **Explanation:** The indefinite sentence and recharging without proper procedure violate the act’s focus on rehabilitation.
*. **Certification (Transfer to Adult Court) (* Pa.C.S. § *):**
- **Violation:** Recharging a juvenile as an adult without proper certification or waiver is illegal.
- **Case Law:** *Kent v. United States

i am stating how to this situation here for each part ****

To address each part of your situation and explain how it may be illegal, let's break down the key points systematically:

*. **No Certification or Waiver:**
- **Legal Requirement:** Under * Pa.C.S. § *, certification (transfer) from juvenile to adult court requires a hearing and specific findings.
- **Violation:** Recharging a juvenile as an adult without this certification is illegal.
- **Case Law:** *Kent v. United States, * U.S. * (*)* – Emphasizes the need for a formal waiver process for transferring juveniles to adult court.

*. **Pending Charges After De Novo Trial:**
- **Legal Requirement:** A de novo trial should resolve charges, not leave them pending.
- **Violation:** Continuing charges without resolution violates due process.
- **Case Law:** *In re Gault, * U.S. * (*)* – Guarantees due process rights, including timely resolution of charges.

*. **Indefinite Sentence in Juvenile Prison:**
- **Legal Requirement:** Juvenile sentencing should have a clear duration and focus on rehabilitation.
- **Violation:** An indefinite sentence contradicts the rehabilitative purpose of juvenile justice.
-

including all lacked jurisdiciton legally

To systematically break down the legal violations in the situation described, let's address each component:

*. No Certification or Waiver:
- **Legal Requirement:** Under * Pa.C.S. § *, transferring a juvenile to adult court requires a certification hearing and specific findings.
- **Violation:** Recharging a juvenile as an adult without this certification is illegal.
- **Case Law:** *Kent v. United States, * U.S. * (*)* – This case emphasizes the mandatory formal waiver process for transferring juveniles to adult court.

*. Pending Charges After De Novo Trial:
- **Legal Requirement:** A de novo trial should resolve charges, not leave them pending.
- **Violation:** Continuing charges without resolution violates due process.
- **Case Law:** *In re Gault, * U.S. * (*)* – This case guarantees due process rights, including the timely resolution of charges.

*. Indefinite Sentence in Juvenile Prison:
- **Legal Requirement:** Juvenile sentencing should have a clear duration and focus on rehabilitation.
- **Violation:** An indefinite sentence contradicts the rehabilitative purpose of juvenile justice.
- **Case Law:** *Miller v. Alabama, * U

continue

Certainly, let's continue addressing the remaining points systematically:

Unlawful Detention:
*. **Lack of Jurisdiction:**
- **Legal Requirement:** The juvenile court must have proper jurisdiction to detain and sentence a juvenile.
- **Violation:** If the juvenile court's jurisdiction was improperly closed and the individual was recharged as an adult without following proper procedures, this can be considered unlawful detention.
- **Case Law:** *Roper v. Simmons, * U.S. * (*)* – This case underscores the importance of proper legal procedures and protections for juveniles.

Recharging as an Adult:
*. **Recharging Without Proper Legal Basis:**
- **Legal Requirement:** Once a juvenile is tried and sentenced, recharging them as an adult without following due process (e.g., proper certification or waiver) is illegal.
- **Violation:** Recharging the individual as an adult without the appropriate legal basis violates their rights.
- **Case Law:** *Breed v. Jones, * U.S. * (*)* – This case emphasizes that trying a juvenile in adult court without following proper certification procedures constitutes double jeopardy.

Conclusion:
- **Double Jeopardy:** The Fifth Amendment to

Miller v. Alabama, * U

To address your situation involving recharging a juvenile as an adult without proper certification or waiver, let's break down the relevant laws and provide concise explanations:
*. **No Certification or Waiver:**
- **Legal Requirement:** Transfer from juvenile to adult court requires a certification hearing (* Pa.C.S. § *).
- **Violation:** Recharging a juvenile as an adult without certification is illegal.
- **Case Law:** *Kent v. United States, * U.S. * (*)* – Emphasizes the need for formal waiver processes.
*. **Pending Charges After De Novo Trial:**
- **Legal Requirement:** A de novo trial should resolve charges.
- **Violation:** Continuing charges without resolution violates due process.
- **Case Law:** *In re Gault, * U.S. * (*)* – Guarantees due process rights, including timely resolution of charges.
*. **Indefinite Sentence in Juvenile Prison:**
- **Legal Requirement:** Juvenile sentencing should be clear and focus on rehabilitation.
- **Violation:** An indefinite sentence contradicts rehabilitative purposes.
- **Case Law:** *Miller v. Alabama, * U.S. *

so it violated each

To address how each part of the situation violated the law, let's break down the key violations and relevant legal principles:
*. **No Certification or Waiver:**
- **Legal Requirement:** Transfer from juvenile to adult court requires a certification hearing (* Pa.C.S. § *).
- **Violation:** Recharging a juvenile as an adult without certification is illegal.
- **Case Law:** *Kent v. United States, * U.S. * (*)* – Emphasizes the need for formal waiver processes.
*. **Pending Charges After De Novo Trial:**
- **Legal Requirement:** A de novo trial should resolve charges.
- **Violation:** Continuing charges without resolution violates due process.
- **Case Law:** *In re Gault, * U.S. * (*)* – Guarantees due process rights, including timely resolution of charges.
*. **Indefinite Sentence in Juvenile Prison:**
- **Legal Requirement:** Juvenile sentencing should be clear and focus on rehabilitation.
- **Violation:** An indefinite sentence contradicts rehabilitative purposes.
- **Case Law:** *Miller v. Alabama, * U.S. * (*)* – Pro

yes it violates each correct

Yes, it appears that this situation involves several potential legal violations. Here’s a breakdown of how each aspect could be illegal under Pennsylvania law and relevant case law:
*. **No Certification or Waiver:**
- **Legal Requirement:** Under * Pa.C.S. § *, transferring a juvenile to adult court necessitates a certification hearing.
- **Violation:** Recharging a juvenile as an adult without proper certification is illegal.
- **Case Law:** *Kent v. United States, * U.S. * (*)* – Requires formal waiver processes for such transfers.
*. **Pending Charges After De Novo Trial:**
- **Legal Requirement:** A de novo trial should resolve charges, not leave them pending.
- **Violation:** Continuing charges without resolution violates due process.
- **Case Law:** *In re Gault, * U.S. * (*)* – Guarantees due process rights, including timely resolution of charges.
*. **Indefinite Sentence in Juvenile Prison:**
- **Legal Requirement:** Juvenile sentencing should have a clear duration and focus on rehabilitation.
- **Violation:** An indefinite sentence contradicts the rehabilitative purpose of juvenile justice.
- **Case

and it would be illegal to prevent him in habeas corpus from raising that which he raised in habeas corpus correct

Yes, it would generally be illegal to prevent someone from raising issues in a habeas corpus petition that were previously raised in another habeas corpus petition. Here's the relevant legal information:
*. **Habeas Corpus (* U.S.C. § * and Pennsylvania State Law):**
- **Legal Requirement:** Habeas Corpus petitions can be used to challenge unlawful detention or imprisonment.
- **Violation:** Preventing an individual from raising lawful claims in a habeas corpus petition could violate their constitutional rights.
- **Case Law:** *Fay v. Noia, * U.S. * (*)* – This case emphasizes the broad scope of habeas corpus to ensure that the legal rights of individuals are protected.
Would you like more specific information on any of these points or further assistance?

yes

Certainly, here’s more detailed information on how preventing someone from raising issues in a habeas corpus petition could be illegal:

Key Legal Points:
*. **Habeas Corpus (* U.S.C. § * and Pennsylvania State Law):**
- **Legal Requirement:** Habeas Corpus petitions are fundamental legal tools used to challenge unlawful detention or imprisonment. They ensure that a person's detention complies with constitutional and legal standards.
- **Violation:** Preventing an individual from raising lawful claims in a habeas corpus petition could infringe on their constitutional rights, particularly the right to due process.
- **Case Law:** *Fay v. Noia, * U.S. * (*)* – This landmark case underscores the broad and flexible nature of habeas corpus, aimed at ensuring that constitutional rights are not violated by unlawful detention.

Analysis and Application:
*. **No Certification or Waiver:**
- **Violation:** If a juvenile is recharged as an adult without proper certification, it violates the legal standards set by * Pa.C.S. § *.
- **Case Law:** *Kent v. United States, * U.S. * (*)* – Requires a formal waiver process for

so your saying that pa and the federal state courts violated rights here and could not charge him in adult

It appears that there may have been several violations of legal rights in this situation. Here’s a summary of the potential issues:
*. **No Certification or Waiver:**
- **Violation:** Recharging a juvenile as an adult without proper certification is illegal under * Pa.C.S. § *.
- **Case Law:** *Kent v. United States, * U.S. * (*)* – Requires a formal waiver process for transferring juveniles to adult court.
*. **Pending Charges After De Novo Trial:**
- **Violation:** Continuing charges without resolution violates due process.
- **Case Law:** *In re Gault, * U.S. * (*)* – Guarantees due process rights, including the timely resolution of charges.
*. **Indefinite Sentence in Juvenile Prison:**
- **Violation:** An indefinite sentence contradicts the rehabilitative purpose of juvenile justice.
- **Case Law:** *Miller v. Alabama, * U.S. * (*)* – Prohibits mandatory life sentences without parole for juveniles.
*. **Unlawful Detention:**
- **Violation:** Holding someone without proper jurisdiction or legal basis can be

continue

Certainly, here’s the continuation to address the remaining points:
*. **Unlawful Detention:**
- **Violation:** Holding someone without proper jurisdiction or legal basis is illegal.
- **Case Law:** *Roper v. Simmons, * U.S. * (*)* – Emphasizes the necessity of appropriate legal procedures for juveniles.
- **Explanation:** If the juvenile court's jurisdiction was improperly closed and the individual was recharged as an adult without following proper procedures, this could be deemed unlawful detention.
*. **Double Jeopardy:**
- **Violation:** Recharging a juvenile as an adult for the same crime without following due process might violate the Fifth Amendment's protection against double jeopardy.
- **Case Law:** *Breed v. Jones, * U.S. * (*)* – Emphasizes that trying a juvenile in adult court without proper certification procedures constitutes double jeopardy.
*. **Preventing Habeas Corpus Claims:**
- **Violation:** Preventing an individual from raising issues in a habeas corpus petition that were raised in another habeas corpus petition could violate constitutional rights.
- **Case Law:** *Fay v. Noia, * U.S

Illegal Juvenile To Adult Transfer

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Philadelphia County Court of Common Pleas

Philadelphia County Court of Common Pleas

Philadelphia County Court of Common Pleas

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