The juvenile delinquency system in California typically deals with offenses committed by juvenile offenders under the age of 18. The juvenile court system emphasizes rehabilitation rather than punishment for minors. However, juveniles could still face significant punishment for certain criminal offenses or even face charges in adult court. Juvenile courts are never lenient with minors who commit violent crimes. These minors could face severe and long-term consequences. You should seek the services of a competent criminal attorney if your child is facing criminal charges in a juvenile court. An aggressive defense attorney will defend your child's rights and pursue a fair judgment.

Understanding a Juvenile Crime

A juvenile crime is any offense an individual commits when he/she is under 18 years old. An offense is any act prohibited by the law. A criminal offense can also be the failure to perform the act that the law demands that you perform. California law classifies crimes as misdemeanors or felonies, whether perpetrated by minors or adults.

Misdemeanor Juvenile Offenses

A misdemeanor is a lesser crime. A juvenile offender could face misdemeanor charges for crimes like battery, petty theft, or being drunk in public. The penalties for misdemeanor charges include juvenile detention, probation, or fines. In most cases, the court will try a minor in an adult court when the minor commits a misdemeanor.

Some crimes are charged as misdemeanors or felonies. These offenses are known as wobblers. The offenses can further be categorized as violent, property, or drug-related offenses. Severe or violent offenses usually include murder, sexual offenses like aggravated assault that result in great bodily harm, and rape.

Property offenses involve deceit or violence to gain property without the owner's permission. Burglary and theft are examples of property offenses. Drug-related offenses involve possessing or trafficking certain controlled substances.

Automatic Felony Juvenile Offenses

A felony is the most severe crime. You could face felony charges if you commit certain sex offenses, commit murder, or face certain drug-related charges. The prosecutor can request that the juvenile judge have minors who commit violent felonies tried as adults.

How Juvenile Offenses Are Prosecuted In California

Any person who commits an offense and is under 18 years old faces prosecution in the juvenile court. The significant differences between the juvenile and adult criminal courts are how the cases are tried, the ability to seal a juvenile record, the lasting effect of a conviction, and the ultimate penalties.

The main goal of the juvenile court system is to assist a minor in going through rehabilitation and becoming a better citizen. On the other hand, the main objective of the adult court is to punish the perpetrator. The juvenile court system and the law allow minors to change their behaviors and become law-abiding people. A minor cannot be prosecuted in an adult court under California law without an exemption. The juvenile court handles minors aged between 12 and 17 years.

The Passage Of Proposition 21

Voters passed California Prop. 21, also known as "The Justice Initiative," in 2000. The purpose of the program was to reduce the high rates of juvenile offenses, especially those related to gang activity. According to this law, a minor could be prosecuted as an adult even if he/she is below 18 years. According to Prop 21, all juvenile offenders should go through the juvenile justice system.

However, the law still highlights certain offenses that require juvenile delinquents to be prosecuted in adult courts. If a minor commits violent offenses like specified sex crimes, murder, or any other serious and violent act, the child could face charges in an adult court.

Senate Bill 1391

In 2018, Senate Bill 1391 took effect to replace Prop 21 laws. Minors under 14 were prosecuted in adult court before passing this bill. According to Senate Bill 1391, the court can only try a minor in an adult court if the offender is 16 or older.

According to SB 1391, a minor cannot be tried in an adult court for crimes committed while below 16 years. In the past, a minor could face charges in adult court for major and violent crimes committed at the age of 14 years or above. Under SB 1391, a minor can only face charges in an adult court if:

  • The juvenile is over 16 years old, and the prosecution believes it is essential to request that the juvenile's case be transferred to an adult criminal court.

  • The minor committed the crime while below 16 years old but was not arrested until he/she was over 18 years old.

  • The juvenile offender is at least 16 years old.

Before passing SB 1391, a minor could be tried in an adult court if he/she was 16 years or older, if he/she committed a felony, or if he/she committed certain violent offenses when 14 or 15 years old.

Violent Offenses For Which A Juvenile Could Be Transferred To An Adult Court

A minor's offense must fit into one of the following categories to be prosecuted in an adult criminal court. The offenses are also categorized as 707(b) crimes and are deemed violent. They include:

  • Utilizing a weapon that is expressly prohibited under California PC 16590(a)

  • Firing a weapon into a structure that is crowded or inhabited

  • Certain offenses committed against individuals aged above 60 years

  • Manufacturing, selling, or compounding one-half ounce or even more of a prohibited substance

  • Bribing or intimidating a witness

  • Carjacking

  • Aggravated mayhem

  • Drive-by-shooting

  • Kidnapping with intent to commit sexual assault

  • Voluntary manslaughter

  • Exploding a device with the intent to kill

  • Murder

  • Assault using force that can cause great bodily

  • Robbery

  • Attempted murder

  • Arson targeting inhabited premises or causing severe bodily harm.

  • Sodomy using force, violence, or threat of bodily harm

  • Rape using force, violence, or the threat of physical injury.

  • Threats of severe physical injury, violence, and oral copulation by force

  • Lewd or lascivious acts against a child below 14 years that involve the threat of severe physical injury, force, or violence

  • Kidnapping for ransom

  • Forced sexual penetration

  • Kidnapping while causing injury

  • Kidnapping with intent to commit robbery

The Process Of Prosecuting A Juvenile In An Adult Court

The office of the District Attorney has two options when a minor faces charges for a 707(b) offense. The options are:

  • The prosecutor could file the case in an adult criminal court if a juvenile below 16 years is accused of a 707b offense, hate crimes, crimes against victims over 65 years, or a crime related to gang activity.

  • The prosecutor could petition the juvenile court, requesting a fitness hearing. During the fitness hearing, the judge will determine whether the juvenile qualifies to be tried in the juvenile court.

Juvenile courts work to rehabilitate minors instead of punishing them. Some factors must be considered before prosecuting a minor in an adult court. The following are the steps for prosecuting a juvenile:

  • The prosecution filed the case directly in an adult court.

  • The prosecutor requested a "fitness" hearing at the juvenile court. The minor could be charged as an adult if the judge at the juvenile court judge establishes that the juvenile is not suitable for rehabilitation.

  • Instant adult prosecution if the juvenile commits certain serious crimes

If the above steps are not observed before transferring the case to the adult court, the judge could dismiss the juvenile's case. The juvenile's parents, guardians, or relatives should hire a competent juvenile attorney to ensure the correct processes are followed.

Detention Hearing

Juveniles are not entitled to bail in juvenile justice proceedings. Detention hearings for juveniles are scheduled, during which the judge determines whether to release the juvenile to their parents at the pendency of their case. The juvenile could also be detained in a juvenile detention facility.

The detention hearing aims to determine the appropriate action for the juvenile's physical custody. This is usually done to determine whether the minor will be held in juvenile detention throughout the trial or released back home to live with their family. The judge will consider the following factors to make this decision:

  • The ability of the parent to provide a stable and suitable environment with appropriate supervision

  • Prior convictions

  • The severity of the offense

The court must hold a detention hearing within 48 hours of the juvenile's detention. Delaying a detention hearing could breach California juvenile laws and the minor's rights.

Since there is no bail throughout the juvenile justice system, the 48-hour deadline also highlights the need to hire a juvenile attorney as soon as possible. It is crucial to hire a competent attorney because a juvenile's prompt freedom cannot be guaranteed.

However, some violent crimes could be transferred directly to adult court without a fitness hearing or a direct filing. Some charges could be retained in the juvenile delinquent court. Unlike the adult criminal system, a minor charged with a crime cannot post bail to secure their release while the case is being decided. The judge at the minor's arraignment could determine whether to discharge the minor or order the minor to remain in custody while the case is settled. However, if your child's case proceeds to an adult court, the juvenile has the right to post bail.

Circumstances That Could Make The Prosecutor Request A Fitness Hearing

Requests for a fitness hearing can only be made when necessary. The law always protects juveniles, and they would not subject juveniles to disciplinary procedures unless warranted. However, the following are circumstances that could permit the prosecutor to request a fitness hearing:

  • A 16-year-old juvenile has committed a crime that rendered them a ward of the court previously and has committed two or more crimes since attaining 14 years.

  • A minor is 16 years or older and has been convicted of a crime.

  • A 14-year-old juvenile has been accused of violating WIC 707(b)

If the case is not among the three mentioned above, it could be inappropriate for the prosecutor to submit the motion. A competent attorney could present a strong defense and propose rehabilitation rather than punishment for your child.

How a Juvenile Court Fitness Hearing Works

The outcome of the fitness hearing will determine whether your child will be charged in an adult court. A fitness hearing is generally set following the prosecution's petition. The judge will decide whether the crime is suited for the juvenile court system at the end of the proceedings. The following factors could influence the decision of the judge:

  • The success of previous rehabilitation efforts

  • The severity and facts of the petition's purported crime

  • The degree of offense sophistication

  • If your child can be rehabilitated before the juvenile justice system loses custody of them.

  • Your child's previous history of delinquency

If the judge establishes that your child would not benefit from the juvenile court's rehabilitation services, the judge could allow the case to proceed to the adult criminal court.

Adjudication and Disposition

An adjudication hearing will follow when the fitness hearing concludes or is waived under California juvenile law. This stage is the same as the minor's trial. Typically, minors in California have no right to trial before a jury. In this case, the juvenile court judge would be in charge of the case. You also need to seek the services of a juvenile defense attorney at this stage.

Disposition is the final stage, whereby your child's case results are announced. The minor could be sentenced to probation, a less severe penalty than the adult version. If the juvenile judge imposes probation, your child will return to school, stay with a family member, or receive counseling. While on probation, the juvenile offender must adhere to the court-imposed probation conditions. The probation conditions can include attending school and adhering to curfew requirements. The judge can also offer the juvenile's parent or guardian compensation for the damages, depending on their child's crime.

In some situations, however, your child could remain in state custody until the child is over 18 years old as a ward of the state or court. In some severe situations, the minor could remain in custody until the age of 25 years.

If the judge in the juvenile court establishes that the criminal charges are well founded, a juvenile is considered liable for committing the alleged crime and not convicted per se. Therefore, the conviction cannot be expunged. Often, juveniles who complete the juvenile program request the sealing of their criminal records. However, some circumstances could make it hard.

Whether A Juvenile Can Appeal The Court's Decision To Be Tried As An Adult

If the court finds the juvenile unfit for juvenile court, the juvenile could be transferred to an adult court. If transferred to the adult court, the minor faces charges as an adult, and the rules that apply to adults apply to the minor. However, the minor could appeal the decision to transfer their case to the adult court by filing a writ petition. The minor must petition within 20 days from when he/she was arraigned in court.

The Penalties a Juvenile Could Face

A minor could face severe penalties if found guilty in an adult court. The most severe penalty for a minor found guilty in a juvenile court is to stay in custody until the minor attains 25 years. The juvenile offender will remain under the Department of Corrections and Rehabilitation or Juvenile Facilities. In the past, the Department of Corrections and Rehabilitation was known as the California Youth Authority.

A minor convicted in an adult court will face the same punishment as an adult based on the severity of the crime. For example, the juvenile could face a life imprisonment penalty without the possibility of release. Your child could face other severe penalties that will significantly influence their life, including a damaging criminal record and serious immigration repercussions if the minor is an immigrant. A juvenile offender cannot face the death penalty. Additionally, the judge cannot sentence a juvenile offender to life without parole if their crime is not a homicide offense.

Under the juvenile justice system, a juvenile convicted of a violent offense has comparable rights as an adult offender. Some of the rights include:

  • The right to summon witnesses to testify

  • The opportunity to examine the evidence against them

  • The right to discovery

Find an Experienced Juvenile Attorney Near Me

If your child is facing violent crime charges, it is expected to experience intense emotions. Going through the criminal justice system is traumatizing. The situation could only be worse if the offender is a child. The problem could get out of hand if the prosecutor wants the case heard in an adult criminal court, usually when the offense is severe. You must hire a competent attorney to protect the rights of your child. At the Los Angeles Criminal Lawyer, we have experienced attorneys who can safeguard your child's welfare. We have handled numerous juvenile delinquency cases and achieved positive outcomes. Our attorneys will do everything possible to attain a positive outcome for your case. Contact us at310-502-1314 to speak to one of our attorneys.