Va. Code » Title 16.1. Courts Not of Record » Chapter 11. Juvenile and Domestic Relations District Courts » Article 7. Transfer and Waiver
Virginia Code

Va. Code Ann. § 16.1-270 (2026)

Waiver of jurisdiction of juvenile court in certain cases

✓ current as of May 2026
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At any time prior to commencement of the adjudicatory hearing, a juvenile fourteen years of age or older charged with an offense which if committed by an adult could be punishable by confinement in a state correctional facility, with the written consent of his counsel, may elect in writing to waive the jurisdiction of the juvenile court and have his case transferred to the appropriate circuit court, in which event his case shall thereafter be dealt with in the same manner as if he had been transferred pursuant to this article.

Code 1950, § 16.1-176.2; 1973, c. 440; 1977, c. 559; 1994, cc. 859, 949.

Notes of Decisions
Cited in 13 cases, 1992–2012 · leading case: Brown v. Com., 688 S.E.2d 185 (Va. 2010).
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Brown v. Com., 688 S.E.2d 185 (Va. 2010). · cites it 6× “Demetrious and Dwayne both waived their rights to a preliminary hearing in the juvenile and domestic relations district court under Code § 16.1-270, and were certified for trial as adults under Code § 16.”
Moore v. Commonwealth, 527 S.E.2d 406 (Va. 2000). · cites it 4× “2 (1973), now Code § 16.1-270 (1999). That section allows a juvenile, prior to a transfer hearing and with the consent of counsel, to waive the jurisdiction of the juvenile court and have the case transferred to the appropriate circuit court.”
Winston v. Commonwealth, 497 S.E.2d 141 (Va. Ct. App. 1998). · cites it 4× “See Code § 16.1-270. Such waivers must be both in writing and accompanied by the written consent of the juvenile’s counsel.”
Thomas v. Commonwealth, 419 S.E.2d 606 (Va. 1992). · cites it 2× “Thomas argues further that the juvenile transfer statute, Code § 16.1-270, does not permit a juvenile charged with capital murder to waive the jurisdiction of the juvenile court and have his case transferred to circuit court.”
Nelson v. Warden of the Keen Mountain Corr. Ctr., 552 S.E.2d 73 (Va. 2001). · cites it 4× “2 (now Code § 16.1-270). This new section provided that at any time prior to a transfer hearing, “a child .”
D.L.G. v. Commonwealth, 724 S.E.2d 208 (Va. Ct. App. 2012). · cites it 12× “At no time prior to the commencement of the adjudicatory hearing did appellant “elect in writing to waive the jurisdiction of the [JDR] court and have his case transferred to the appropriate circuit court,” pursuant to Code § 16.1-270. 1 At the adjudicatory hearing in the JDR…”
Thomas v. Garraghty, 522 S.E.2d 865 (Va. 1999). · cites it 2× “” After informing Thomas of the purpose of a transfer hearing and asking him questions to determine whether his waiver was voluntary and intelligent, the juvenile court accepted Thomas’s waiver pursuant to former Code § 16.1-270 and transferred Thomas to the circuit court for…”
DLG v. Com., 724 S.E.2d 208 (Va. Ct. App. 2012). · cites it 12× “At no time prior to the commencement of the adjudicatory hearing did appellant "elect *210 in writing to waive the jurisdiction of the [JDR] court and have his case transferred to the appropriate circuit court," pursuant to Code § 16.1-270. [1] At the adjudicatory hearing in the…”
Nelson v. Warden of Keen Mtn. Corr., 552 S.E.2d 73 (Va. 2001). · cites it 4× “2 (now Code § 16.1-270). This new section provided that at any time prior to a transfer hearing, "a child .”
Antoine Spain v. Commonwealth of Virginia (Va. Ct. App. 2001). · cites it 8× “Defendant was a juvenile when he committed the crimes, and the prosecutions had been transferred to the trial court by the Norfolk Juvenile and Domestic Relations District Court (J&D court) upon a "Waiver of Transfer Hearing and Preliminary Hearing" executed pursuant to Code §…”
Spain v. Commonwealth, 545 S.E.2d 583 (Va. Ct. App. 2001). · cites it 8× “Defendant was a juvenile when he committed the crimes, and the prosecutions had been transferred to the trial court by the Norfolk Juvenile and Domestic Relations District Court (J & D court) upon a ‘Waiver of Transfer Hearing and Preliminary Hearing” executed pursuant to Code §…”
Commonwealth v. Willingham, 54 Va. Cir. 546 (Norfolk Cir. Ct. 2001). · cites it 8× “Va. Code § 16.1-270 (1999). Such waivers must be both in writing and accompanied by the written consent of the juvenile’s counsel.”
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