When a minor is charged with a serious crime in Tennessee, one of the most pivotal steps in the process can be a juvenile transfer hearing. This legal proceeding determines whether the child will remain in juvenile court or be transferred to adult criminal court, where the consequences become far more severe including potentially mandatory prison and a permanent felony record before your child even reaches the age of maturity.
While the juvenile justice system is generally designed to focus on rehabilitation rather than punishment, certain offenses can prompt prosecutors to request a transfer. For families, this raises urgent questions: what does a transfer hearing involve? What factors influence the judge’s decision? And what can be done to protect your child’s future?
At Barnes & Fersten, we’ve represented countless juveniles and their families during some of the most difficult times of their lives. In this blog, we break down what transfer hearings are, when they happen, and how having the right juvenile defense lawyer can make all the difference.
What Is a Juvenile Transfer Hearing?
A juvenile transfer hearing is a specialized proceeding governed by Tennessee Code Annotated (T.C.A.) § 37‑1‑134. It applies when prosecutors believe a child—usually 14 to 17 years old—has committed an offense so serious that the juvenile system cannot adequately address it before the child turns 19.
The hearing is not about guilt or innocence. Instead, the judge must decide two core questions:
- Probable cause – Is there reasonable ground to believe the juvenile committed the alleged act?
- Amenability to treatment – Are there “reasonable prospects” the child can be rehabilitated within the time remaining under juvenile court jurisdiction?
If the prosecution proves both, the judge may enter an order transferring the case to criminal court. From that moment forward the juvenile is treated as an adult for the current offense and for any future offenses unless the transferred charge is dismissed or results in an acquittal.
When Can a Juvenile Be Transferred to Adult Court in Tennessee?
Whether the District Attorney can even request a transfer depends on the child’s age at the time of the crime and the type of charge. Tennessee’s statute sets escalating thresholds:
Age | Offenses Eligible for Transfer |
Under 14 | First‑ or second‑degree murder (including attempted murder) |
14–15 | Violent felonies such as aggravated rape, rape of a child, aggravated robbery, aggravated burglary, aggravated kidnapping, terrorism, carjacking |
15–16 | All violent felonies above plus organized retail crime, theft of a firearm, robbery, escape from a youth development center |
17+ | Nearly any felony offense |
Key Point: Satisfying these age‑and‑offense thresholds merely opens the door. Transfer remains a discretionary decision that requires a full evidentiary hearing and explicit findings.
Once a prosecutor files a Motion to Transfer it triggers the transfer hearing unless your juvenile defense attorney convinces the prosecutor to withdraw the motion. Otherwise, the decision will be in the hands of the judge.
Our attorneys have represented children facing a transfer hearing on serious sex cases, such as rape of a child and aggravated sexual battery, aggravated assault, and attempted second degree murder, as well as vehicular assault and vehicular homicide cases. Regardless of the charge, our attorneys are confident that they know how to put your child in the best position possible in negotiations and during a transfer hearing.
Factors the Judge Must Consider
Once eligibility is established, T.C.A. § 37‑1‑134 directs the court to balance public safety with the adolescent’s capacity for change. Relevant considerations include:
- Prior Delinquency and Response to Intervention – Repeated or escalating misconduct that has not improved with prior probation, counseling, or diversion can favor transfer.
- Nature of the Crime – Crimes involving personal violence (e.g., rape, homicide, aggravated assault) weigh more heavily than property crimes.
- Aggression, Sophistication, or Premeditation – Planned or exceptionally violent acts suggest adult‑level culpability.
- Mental Health and Developmental Status – If the child is committable to a mental‑health or developmental‑disability facility, transfer is prohibited; otherwise, mental‑health disorders can either argue for treatment or, if untreated, for greater community protection.
- Prospects for Rehabilitation – The closer the child is to age 18 and the less progress shown, the stronger the prosecution’s argument becomes.
- Gang Involvement – Alleged crimes committed to benefit a criminal gang increase the likelihood of transfer.
- History of Trauma, Abuse, or Neglect – Courts must weigh whether the juvenile’s behavior stems from victimization requiring therapeutic rather than punitive responses.
Because the statute demands a holistic analysis, the best juvenile defense attorneys can often counter the state’s narrative by presenting expert testimony, school records, social‑service evaluations, and evidence of newfound community supports.
The Legal Process of a Juvenile Transfer Hearing
When a juvenile in Tennessee is charged with a qualifying felony offense, the District Attorney may petition the juvenile court for a transfer hearing. This is a formal legal process, and understanding each step is important for families facing this situation:
- Petition & Initial Detention
The case begins when the state files a delinquency petition along with a motion for transfer. A detention hearing—usually within 72 hours—decides whether the juvenile will remain in custody while the transfer motion is pending. - Statutory Notice
Families must receive a written notice at least 14 days before the transfer hearing. The notice must specify the hearing’s date, time, place, and purpose so parents can secure counsel and prepare. However, your juvenile defense attorney will request a date further out to provide time to prepare for the hearing and potentially seek rehabilitation for the child to decrease the chances of the judge transferring the case. - Discovery & Preparation
Defense counsel gathers records, interviews witnesses, and, when appropriate, commissions psychological or neurodevelopmental evaluations. Early investigation is crucial: uncovering mitigating facts or procedural flaws can persuade the prosecutor to withdraw the motion—or arm the defense for the evidentiary hearing. - The Transfer Hearing
Transfer hearings resemble mini‑trials. The prosecution presents witnesses, police reports, and sometimes video or forensic evidence to establish probable cause and lack of rehabilitative prospects. The defense can cross‑examine, introduce its own evidence, and call experts who explain adolescent brain development, trauma impacts, or treatment options.The attorneys at Barnes & Fersten view a transfer hearing as the most significant hearing any individual can face, even more serious than a jury trial. If transferred, a child’s life can be completely altered in an instant. That is why we take transfer hearings so serious and do everything possible to prevent transfer.
We have successfully convinced prosecutors to withdraw motions to transfer and release our child clients from custody, as well as successfully convinced judges to deny the State’s request to transfer the case.
- Judicial Findings
After considering testimony and exhibits, the judge issues written findings on each statutory factor. If the court orders transfer, juvenile jurisdiction ends immediately; adult bail and discovery rules take over. - Post‑Transfer Realities
The juvenile is kept “sight‑and‑sound” separate from adult inmates but still housed in a jail facility. Upon conviction in criminal court, adult sentencing guidelines apply—including mandatory minimums—and the conviction becomes part of the individual’s permanent record.
Consequences of a Transfer to Adult Court
For a juvenile and their family, the decision to transfer a case to adult court is life-altering. While juvenile court focuses on rehabilitation and second chances, adult court centers on punishment and public safety. Once a child is transferred, they face a justice system that may not account for their age, brain development, or potential for change.
Here are some of the key consequences:
- Adult Penalties – Sentences can span decades. For example, a 16‑year‑old convicted of second‑degree murder faces 15 to 60 years under current Tennessee law.
- Permanent Criminal Record – Adult convictions are public and generally non‑expungeable, affecting college admissions, housing, military service, and employment.
- Harsher Detention Environment – Even with segregation protocols, adult jails and prisons lack the educational and therapeutic resources found in juvenile facilities.
- Loss of Juvenile Protections – Once transferred, the court of criminal jurisdiction retains power over future offenses, meaning even minor missteps will be prosecuted as adult crimes.
- Psychological Toll – Research shows that youth processed in adult systems have higher rates of depression, self‑harm, and recidivism. The adult justice system simply was not designed for the adolescent brain.
How Barnes & Fersten Defends Juveniles Facing Transfer
Facing a transfer hearing is one of the most critical moments in a juvenile case. The outcome can determine whether a child receives age-appropriate support and rehabilitation, or spends years navigating the adult criminal justice system.
At Barnes & Fersten, we approach these cases with the urgency, strategy, and compassion they demand. Our goal is simple: keep the case in juvenile court whenever legally possible, so the child has access to services and second chances—not prison time.
Here’s our strategic approach to transfer hearings:
Early Case Investigation
We begin with a thorough review of the facts and legal grounds for the transfer. This includes:
- Challenging whether the alleged offense meets the criteria under T.C.A. § 37-1-134
- Evaluating whether probable cause can truly be established
- Identifying weaknesses in the prosecution’s theory
Presenting Rehabilitation Evidence
A strong transfer defense is not just about disproving the case—it’s about humanizing the child. We gather:
- School and mental health records
- Expert psychological evaluations
- Testimony from counselors, teachers, mentors, or family members
- Evidence of trauma, learning disabilities, or abuse history
These factors can persuade the judge that the child has the capacity for change—and deserves to stay in the juvenile system.
Our attorneys have been successful at convincing judges to provide rehabilitation on the front end before a transfer hearing as well, making it very difficult for the judge to determine that rehabilitation cannot solve the problem if it already has been successful.
Challenging the “Community Interest” Argument
Prosecutors often argue that public safety demands transfer. We push back by showing:
- The child’s lack of prior serious offenses
- The impulsive, non-premeditated nature of the alleged act
- That accountability can still be achieved through secure juvenile programs and supervision
Partnering with Families
We work closely with parents and guardians to build a strong support system around the child. Judges are more likely to retain jurisdiction in juvenile court when they see a stable, engaged home environment ready to support rehabilitation.
Act Quickly—Call Our Juvenile Defense Attorneys Today
If your child is facing a transfer hearing, every second matters. These hearings move fast, and the decision to move a case into adult court can change a young life forever. You need a juvenile defense team that understands the law, the stakes, and the strategy required to stop that transfer before it happens.
At Barnes & Fersten, we build smart, aggressive defenses that shift the court’s focus from punishment to potential. We know what works because we’ve done it again and again, for families just like yours. Call us now at (865) 805‑5703 or fill out or contact form for a free and confidential consultation for your child’s case.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
