The last thing a parent or guardian wants to see is their child facing a conviction in an adult court. The juvenile court handles many minor delinquent offenses by enforcing rehabilitation plans rather than harsh penalties. A conviction can impact your child's future when tried as an adult.

The disposition at the juvenile court is favorable for your child compared to the penalties and punishment at the criminal court. So, you want to work closely with an aggressive criminal defense attorney to help you fight the charge.

At California Criminal Lawyer Group, we are prepared to assist your child in avoiding being tried as an adult. So, start fighting for your child's rights and freedom today by contacting our attorneys if your child is accused of serious offenses in Santa Ana.

Who Does the California Law Refer to as a Minor?

According to California law, a minor is any person under 18. When a minor commits a crime, they are tried in juvenile court. Sometimes, a child can be tried as an adult. The main difference between the juvenile and adult courts is how they handle cases.

The juvenile court focuses on rehabilitating the minor, while the criminal court focuses on punishing the offenders. As a minor, the law allows you to amend your behavior and become a good citizen. Unlike in regular adult courts, juries and judges are absent at the case hearing. Juvenile cases are confidential. You cannot exit the jail by posting bail, as in adult cases.

If you are under 12 and you commit a severe crime like murder, rape, or sexual penetration using force, among other crimes, the court has jurisdiction over you. The juvenile court cannot adjudicate you if you are under 12. Ensure you always seek legal advice from your child's attorney on juvenile court cases. The attorney will guide you throughout the legal process.

What Does the Law Consider Juvenile Crime

In California, a juvenile offense is any offense you commit when you are under 18. A violation can also be a failure to perform any activity that the law requires you to perform. Whether committed by an adult or a minor, the law considers it a misdemeanor or a felony.

What is a Felony?

A felony is the most serious offense. For example, you can face felony charges when you commit a sexual crime, murder, or drug-related offense. When the juvenile court finds you guilty of a felony offense, you can face conviction as an adult even when you are a minor.

Misdemeanor

When you commit a less severe offense, you face a misdemeanor charge. For example, you can face misdemeanor charges for committing petty theft, public drunkenness, or battery. The legal punishment for misdemeanor charges includes juvenile detention, probation, and fines. In many cases, the court cannot convict you as an adult when charged with a misdemeanor.

The prosecution team can charge you with a felony or misdemeanor. Offenses with the possibility of being charged as a felony or misdemeanor are wobbler charges. These offenses can be drug-related, property-related, or violent. Violent offenses include sexual offenses like aggravated assault, rape, and murder.

When law enforcement officers accuse you of these offenses, you can face prosecution as an adult. Property offenses involve deceit or violence to gain another person's property without consent. For example, these offenses include burglary and theft. Lastly, drug-related crimes include trafficking or possessing controlled substances in California.

Proposition 21

The voters in California passed the juvenile justice initiative, or Prop 21. The proposition was meant to control high juvenile offenses, especially gang activities. According to the statute, the prosecution team can prosecute you as an adult even when you are under 18. The law also outlines specific crimes automatically charged as adults when committed by a minor. To understand Proposition 21, you can seek advice from your attorney.

Senate Bill 1391

Governor Brown signed Senate Bill 1391 to replace Prop 21 in 2018. Under Proposition 21, a person aged 14 could face trial as an adult. Under Senate Bill 1391, you can only face charges if you are over 16. Previously, the court could charge you with certain severe and violent crimes you committed when you were 14 or older. According to Senate Bill 1391, you can only face trial as an adult when:

  • You were 16 or older.
  • You committed the alleged offense when you were under 16, but the arresting officers arrested you when you were over 18.
  • The prosecution team finds it necessary to request that the juvenile court transfer the case to the adult court.

Fitness Hearing

A fitness hearing is a legal procedure in California where the juvenile court decides whether a kid charged with an offense is "fit" for juvenile court prosecution. The prosecution team has the right to request a hearing following the submission of the fitness petition. The juvenile court judge takes into account the following elements while determining whether your child is prepared to stand trial there:

  • Your child's prior records of delinquency.
  • The miners' level of sophistication when committing the offense.
  • If the juvenile court succeeded in rehabilitating the minor in their past delinquent behaviors,
  • If the juvenile court can rehabilitate the minor.
  • The nature and circumstances surrounding the case of the minor.

If the juvenile court judge determines the child will not benefit from the juvenile court rehabilitative services, they move the child to face trial under the regular criminal laws. Alternatively, when the court finds the minor unfit to face conviction at the adult court, they will impose rehabilitative programs per the juvenile court system.

Offenses Which a Juvenile May be Tried at the Adult Court

As per California WIC 7007, the District Attorney can begin a transfer hearing if the minor commits any offense outlined in WIC 707 b. If your child was 14 or 15 when they committed the crime, the DA could transfer them to adult court unless they were 18 during their arrest. These offenses are:

  • Robbery.
  • Murder.
  • Arson causing significant body injuries or arson of an inhabited building.
  • Sodomy by threat, force, or violence.
  • Sexual penetration by force.
  • Kidnapping for ransom.
  • Oral copulation by use of threats, force, or threatening to inflict significant body injuries.
  • Rape using threats, force, or violence to cause significant body injuries.
  • Lewd acts toward a child aged below 14 years using threats, force, or violence to cause significant physical injuries.
  • Kidnapping with the intent to commit robbery.
  • Attempted murder.
  • Assault using a destructive weapon or device.
  • Discharging firearms in an inhabited or occupied building.
  • Committing a felony crime where the juvenile used a dangerous weapon listed in PC 16590a.
  • Committing any felony offense outlined under penal code 136.1.
  • Bribing or discussion of a witness as listed under tPC 138.
  • When the juvenile commits a crime listed under PC 1203.09 against an adult aged above 60 years or a disabled person.
  • Selling, manufacturing, or compounding of any solution with a controlled substance outlined under HSC 11055(e).
  • Violent felony as outlined under Penal Code 186.22(b).
  • Escaping from a juvenile home, ranch, camp, or hall by force and intentionally imposing significant body injuries on the young facility employees.
  • Torture.
  • Carjacking.
  • Voluntary manslaughter.
  • Aggravated mayhem.
  • Kidnapping during carjacking.
  • Drive-by shooting as described under Penal Code 26100.
  • Kidnapping with the intent to commit sexual assault.
  • Exploding a dangerous decision to commit murder.

Crimes that Automatically Allow the Court to Sentence the Minor as an adult

According to WIC 602(b), certain offenses committed by your child in California attract automatic sentences as an adult. The crimes include murder under distinctive conditions when the DA confirms your child killed another person. When the prosecutor strongly believes your child committed certain sex offenses with aggravating factors, they could sentence the minor as an adult. These sex offenses may include:

  • Rape under PC 261 (a).
  • PC 264.1, sex by force.
  • Sexual penetration by force.

How Does the Juvenile Court Transfer the Minor to the Adult Court?

The criminal court system in California differs from the juvenile court system. So, understanding what to expect when the juvenile court transfers your child to face trial as a grownup is imperative. Working with an attorney conversant with the juvenile court system and the regular criminal procedure for adults is good. The attorney will help you understand the legal procedure for transferring the child to the adult court and how the criminal court handles the case.

The Court Arraignment Process

The first formal court appearance following an arrest is called an arraignment. You can accept a plea bargain for the crime during the arraignment. You can enter the common pleas: not guilty, guilty, and no contest. Your child will move on to the following court hearings if they enter a guilty or no-contest plea.

As an alternative, the court will more likely consider bail if the minor enters a not-guilty plea. In conventional criminal procedure, the law permits the arrested person to post bail before being released from custody. The main goal is to make sure you appear in court on the dates the court has scheduled for you. The bail schedule determines the bail amount.

  • The facts surrounding the case.
  • The criminal history of the defendant.
  • The possibility of the defendant appearing before the court.
  • The nature and severity of the offense.
  • Whether the defendant will pose risks to the public.

Pretrial Process

The pretrial procedure starts when you enter a not-guilty plea, and the court resolves the bond problem. Pretrial proceedings often result in the resolution of criminal cases. The stage includes all court activities that happen before the trial. They consist of:

  • Attending court.
  • Plea deals and negotiations.
  • making the required motions.
  • Any problems with the evidence or finding.

The first hearing is a preliminary hearing if the crime is a felony. The hearing is also called the preliminary or probable cause hearing. At this stage, the court's principal goal is to prevent you from testifying about the offense if you lack evidence.

Before deciding on a criminal matter, the court must determine whether sufficient evidence exists to convict the defendant. Only after claiming you committed the crime may the judge order you to stand trial.

If your child feels that the court did not adequately address their case, they may make a motion according to Penal Code 995 with the assistance of a criminal defense attorney. The petition asks the judge to dismiss the allegations. Only if the court finds that the pretrial attorney made a mistake in establishing your case's probable cause will your trial be permitted.

The law gives you the right to make a motion with the aid of your criminal defense attorney if you think you are a victim of police misconduct. A pitcher's motion in California asks the court to review material alleging excessive use of force, bias, or any other type of police wrongdoing by police personnel. The prosecutor may abandon the case or lessen your charges once you provide the court with sufficient evidence.

When law enforcement personnel infringe on your child's Fourth Amendment rights, they may also ask that the evidence be suppressed. The petition's primary goal is to have the judge dismiss unlawfully obtained material. The court may dismiss or lessen the charges if your attorney provides evidence in favor of the application.

Jury Trial

A jury trial will be held if your matter is unresolved during the pretrial stage. The two fundamental categories into which California law categorizes trials are jury and bench trials. The most common name for a bench trial is "court trial." One judge serves as both the jury and the judge in this case. Alternatively, a jury trial has twelve individuals who deliberate after hearing the defendant's defense and the prosecutor's evidence.

Request for a Fresh Trial

If you believe the case was compromised because of court errors, insufficient facts, or misconduct from the prosecutor, or when new details come to light, you can request a fresh trial. You can submit the appeal before the court enters the final stage of sentencing. If the criminal court approves your retrial, you will begin another fresh trial as if the earlier trial never occurred.

Sentence Hearing

Sentencing is the last stage in adult criminal court. The defendant, the prosecution, and the attorneys present the evidence they believe to be most persuasive. The attorney for your child may use several mitigating arguments to persuade the judge to impose a light punishment.

Alternatively, the prosecutor cites numerous aggravating circumstances to guarantee that the court imposes severe punishments. Ensure that you communicate frequently with your lawyer throughout the court proceedings. A skilled attorney knows the most effective ways to urge the court to impose the least punishment.

The Punishment and Penalties for Minors Tried as Adults in California

If the juvenile court punishes your child, the main severe penalty they face will be a commitment to the California Youth Authority (CYA). Your child may, however, face other penalties, including:

  • Formal probation.
  • Deferred entry judgment.
  • Commitment to CYA for around 25 years.

When the court sentences your child at the adult court, they will face conviction like the adults. For example, they will serve jail terms for extensive periods, pay hefty fines, and serve probation terms. Remember, the penalties change based on the nature of the offense. Perhaps the adult court cannot face the death sentence.

After knowing the legal consequences your child will face for being tried as an adult, you must hire an experienced criminal defense attorney. The attorney will work hard to protect your child's rights and freedoms. Again, they will do everything possible to ensure your child faces trial at the juvenile court instead of a conviction at the adult court. Lastly, the attorney will develop a solid defense strategy to convince the court to dismiss or drop the case.

Benefits Your Child Faces for Having Trial as an Adult

Your child may be charged in adult criminal court proceedings even when their criminal defense attorney tries to avoid it. You could feel defeated when the court moves your child's case to the adult criminal case. Do you realize that having their cases handled as adults will have several advantages for your child? These are several advantages your child might have:

  • Your child will have access to legal representation.
  • In conventional criminal courts, the child is judged according to the facts and the evidence that is on hand.
  • The judge can feel compassion for your child due to the transfer of the child to the adult court.

The Demerits of a Minor Facing Trial as an Adult

One of the main reasons many attorneys prevent minors from facing conviction at the criminal court is because of their serious disadvantages at the adult court. You can also discuss this with your child's attorney to learn more about the demerits your child will face when tried as an adult. The following are the main disadvantages of facing trial as an adult:

Your Child May Face Severe Sentences

The severity of a crime changes depending on the facts surrounding the case. Sometimes you might face life imprisonment, although these cases are rare. The juvenile court in California focuses on rehabilitating minors and ensuring they do not face harsh penalties. Also, your child could face extensive jail terms when tried as an adult. To avoid severe consequences, ensure you hire an attorney for your child to help fight the charges.

A Criminal Record

When your child faces trial as an adult, they will have a criminal record in their criminal history. It means the child will need help to obtain a professional license or seek a new job. Under the juvenile courts, the juvenile court judges handle the cases confidentially, and the court limits the public from accessing the child's criminal record.

In many cases, the court erases the juvenile's criminal record immediately after they end their rehabilitation programs, meaning they will not have a criminal record. Ensure that you work closely with your criminal defense attorney. The attorney will help you learn more about the criminal record and its effects on your child's future.

Sealing Criminal Records is Challenging

Sealing criminal records for adults in California is complex compared to the juvenile court system. For example, many cases qualify for direct expungement under the juvenile court system. So, ensure you work closely with an attorney conversant with both the juvenile court system and the regular criminal court system to convince the court to prosecute your child in juvenile court. When your child faces a conviction under the juvenile court system, they will not find it difficult to seal their criminal record.

Many Disposition and Counseling Programs are Absent in Adult Court

Do you know that various dispositions, treatments, and programs available at the juvenile court are absent from the criminal court? Treatment and rehabilitation programs are the most common dispositions in juvenile court. Alternatively, the main punishment at the criminal court is heavy fines and extensive jail terms.

After you learn the demerits of your child being tried like an adult, you must seek legal help from an experienced attorney. The attorney will do everything possible to protect your child's rights and freedom. Again, they will develop a strategy to ensure the juvenile court dismisses or drops the case.

Contact a Criminal Defense Attorney Near Me

When your child faces a criminal charge in Santa Ana, this could be a harrowing experience. If your child commits a serious felony offense, they may face trial in adult court. So, you want to hire a criminal defense attorney for your child immediately if they face a criminal charge.

We have many years of experience defending minors facing severe criminal offenses at California Criminal Lawyer Group. We are determined to invest our time in your case and ensure you obtain the best possible outcomes. The right time to work with our attorneys is now. Contact us at 714-844-4151 and speak with one of our determined criminal defense attorneys.