Under what circumstance cannot a waiver to adult court occur?

A waiver of a juvenile case to adult court typically involves a judicial process where various factors are evaluated, including the nature of the offense, the age of the juvenile, and their prior record. Under certain conditions, a juvenile case cannot be waived to adult court.

When a witness has been sworn in and testified, it indicates that the case has progressed beyond preliminary examination and into a more formal stage of judicial proceedings. At this point, the ability to waive the juvenile to adult court could be considerably diminished due to the established judicial process that has already commenced. The testimony of a witness may imply that there is a sufficient basis for the charges to proceed in the juvenile system, potentially barring the option of a waiver.

In contrast, situations where the juvenile has not confessed to allegations, has no prior record, or the crime is a status offense may still allow for waiver consideration, depending on other circumstances surrounding the case. These factors do not categorically disqualify a waiver; they may lead to different considerations within the context of juvenile justice.

Therefore, when a witness has testified, it limits the possibility of transferring the case out of the juvenile system, making that scenario the correct answer regarding when a waiver to adult court cannot occur.