Florida Juvenile Procedure Rule 8.940 - MOTION TO COMPILE REPORT | Syfert Law

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Florida Juvenile Procedure Rule 8.940

FORM 8.940. MOTION TO COMPILE REPORT

MOTION TO COMPILE REPORT
The State of Florida, having filed a petition for involuntary
waiver, moves the court for an order requiring the department to
prepare a study and report to the court, in writing, considering the
following relevant factors:

1. The seriousness of the alleged offense to the community
and whether the protection of the community is best served by
transferring the child for adult sanctions.

2. Whether the alleged offense was committed in an
aggressive, violent, premeditated, or willful manner.

3. Whether the alleged offense was against persons or
against property.

4. The probable cause as found in the report, affidavit, or
complaint.

5. The desirability of trial and disposition of the entire
offense in one court when the child’s associates in the alleged crime
are adults or children who are to be tried as adults who will be or
have been charged with a crime.

6. The sophistication and maturity of the child.

7. The record and previous history of the child including:

a. Previous contact with the department, other law
enforcement agencies, and the courts;

b. Prior periods of juvenile probation;

c. Prior adjudications that the child committed a
delinquent act or violation of law, greater weight being given if the
child previously had been found by a court to have committed a
delinquent act involving an offense classified as a felony or had
twice previously been found to have committed a delinquent act
involving an offense classified as a misdemeanor; and

d. Prior commitments to institutions.

8. The prospects for adequate protection of the public and
the likelihood of reasonable rehabilitation of the child, if found to
have committed the alleged offense, by the use of procedures,
services, and facilities currently available to the court.

WHEREFORE, the State of Florida requests an order directing
the department to prepare a study and report in writing prior to the
waiver hearing.



Petitioner
Link to Florida Bar Official Rule 8.940

Cases Citing Rule 8.940

Total Results: 1

Amendments to the Florida Rules of Juvenile Procedure

684 So. 2d 756, 21 Fla. L. Weekly Supp. 495, 1996 Fla. LEXIS 1865, 1996 WL 628190

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 64769674

Published

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Category: Juvenile Procedure