141
Waiver of juvenile delinquency and request to
be proceeded
against as an adult
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A juvenile may also waive juvenile delinquency|B252
proceedings and request
to be proceeded against as an adult. 18 U.S.C.A. § 5032 (West
Supp. 1995).
This request must be in writing and made upon advice of counsel.
Id. At
first blush, this may seem an unlikely event, but in actuality
happens often.
A juvenile may be willing to agree to be treated as an adult by
virtue of a plea
agreement if facing a high sentence if convicted of all the
criminal acts. This
may arise in cases where multiple convictions of 18 U.S.C.A. §
924(c) are
possible which would result in severe enhanced penalties. It
should be noted
that even when the juvenile consents, the court should enter an
order that the
actual transfer is appropriate. David H., 29 F. 3d at
492.
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