Criminal Defense of Immigrants



 
 

§ 7.23 (C)

 
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(C)  Transfer From Adult to Juvenile Court.  In some states, as well as under federal law,[55] it is possible to have a case transferred from adult court to juvenile court or family court under some circumstances.  In this event, immigration counsel could argue that a “civil” finding rendered in juvenile court did not constitute a criminal conviction.  See § § 7.24, 12.19, infra.


[55] United States v. Juvenile, 451 F.3d 571 (9th Cir. Jun. 22, 2006) (district court may assume a juvenile’s guilt of the crime charged for purposes of a motion to transfer a juvenile to adult status pursuant to 18 U.S.C. § 5032 for criminal prosecution; assumption may not be expanded beyond the offense or offenses charged in the information).

 

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