Criminal Defense of Immigrants


§ 12.19 (A)

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(A)  Federal Proceedings.  The Federal Juvenile Delinquency Act creates a mechanism to avoid being convicted as an adult even after the government transfers a minor defendant from federal juvenile court to federal district court to be tried as an adult.  Under 18 U.S.C. § 5032, if the juvenile “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,” then the defendant does not suffer an adult conviction.  If the conviction is not an adult conviction, then it does not constitute a conviction for immigration purposes.  See § 12.21, supra.