When a child under eighteen commits a crime or violates the law in California, the juvenile justice system handles the case. The juvenile delinquency court is lenient on offenders, and the process is aimed at rehabilitating the offender and educating them to make better decisions in the future. The juvenile court system is based on the belief that minors are still developing and their ability to make the right decisions is not certain.

However, there are times when the dispositions and rehabilitation offered in juvenile court do not help a child. This often occurs for children who have committed serious offenses like murder, arson, and violent sex offenses. In this case, the child is tried as an adult. A transfer hearing is the juvenile court proceeding to determine the minor's suitability for trial in adult court. If your child is tried as an adult, they risk facing a criminal conviction, which can be very devastating. At California Criminal Lawyer Group, we will offer your child the legal guidance and representation they need to fight their juvenile case and avoid a transfer to adult court in Santa Ana, CA.

Overview of California Juvenile Judicial System

In California, crimes among minors are on the rise. Sometimes, children could enter the system for violations that, when committed by an adult, will not attract any legal consequences. These violations include curfew violations and truancy or skipping school. In most cases, there is no difference between the crimes committed by minors and those committed by adults. However, children and adults are tried in separate court systems.

The juvenile justice system deals with children between twelve and eighteen, and its primary aim is to ensure the minor's safety and rehabilitation instead of punishment. For this reason, the juvenile delinquency systems have devised various programs to deal with children who exhibit delinquent behavior. Some of the common juvenile dispositions include:

  • Community work.
  • Formal and informal probation.
  • Division of juvenile justice.
  • Deferred entry of judgment.
  • Placement in group homes where education programs are offered.

A child's arrest is the initial step in the juvenile justice process. Like adult offenders, a law enforcement officer must have probable cause to believe that a minor committed a crime before arresting them. Depending on the severity of their offense, the police officer will either release the minor on a citation or take them to juvenile hall.

The probation department runs juvenile detention centers. When the child arrives at the juvenile hall, their probation officer will determine if they are fit to be released or move forward with the court process. When a minor is arrested for a serious offense, the prosecutor will file a juvenile petition against the child. To reduce the overcrowding in juvenile detention centers, juvenile cases move faster than adult criminal cases. There are several hearings that your child must undergo while facing charges in the juvenile delinquency system.

Transfer Hearing in California Juvenile Delinquency System

While minors are tried in adult court, there are circumstances under which the juvenile court could seek to try your child as an adult. The transfer hearing is a legal proceeding where the judge determines whether a minor is suitable for the trial as an adult in California. The court will schedule the transfer hearing before a child is transferred to adult court.

Often a transfer to adult court is only initiated on minors between sixteen and eighteen or individuals who commit crimes at fourteen or fifteen years but are not arrested until they turn eighteen. Prosecutors will not request a minor to be charged as an adult unless they have committed serious offenses under WIC 707(b). A transfer hearing in California juvenile justice occurs between the detention and adjudication hearings.

What Happens before the Transfer Hearing?

Before the juvenile court begins the process of transferring a minor to adult court, several hearings occur. The detention hearing is the first hearing each child undergoes as they battle charges in juvenile court. A detention hearing occurs after the prosecutor has filed charges against the minor. This hearing is used to determine whether a youth is fit to be released pending an adjudication.

During the detention hearing, the prosecutor will read the minor's petition and allow them to accept or deny the allegations. Whether or not the court will release your child from juvenile hall depends on these factors:

  • The child's flight risk. The court expects all minors released following a detention hearing to return at a stipulated time for their adjudication hearing. If the court believes the child will flee to avoid the consequences of their juvenile crimes, the judge will order that the minor remain in juvenile hall.
  • The child is a risk to the safety of other people. Like adults, minors who face an arrest for serious and violent crimes are considered threats to other people's security. The court could decide to detain the child in juvenile hall to protect the victims of the child's offenses and other individuals involved in the case.
  • The child's delinquent history. When the juvenile court decides your child's fate following a detention hearing, their past conduct is critical. If the juvenile has a history of failing to appear in juvenile court or violating other orders from the court, detention may be inevitable.
  • Detaining the child keeps them safe. Most children involved in criminal activities have a history of exposure to harsh home and community environments. If the court finds that the child's home environment plays a role in their delinquency, they will order detention.

Fitness Criteria for a Transfer Hearing

If the prosecution feels your child will not benefit from the juvenile justice system, a transfer hearing is held instead of the adjudication hearing. Some of the actors that the court considers when determining a child's suitability for trial in criminal court include:

The Childs Age

After the signing of Senate Bill 439 in 2018, the juvenile court system can only exercise jurisdiction on offenders between twelve and eighteen years. This is because children under this age lack the mental capacity to form criminal intent. However, when the court seeks to try a child as an adult, the transfer only applies to minors who have attained sixteen years.

Additionally, individuals who commit crimes at 14 or fifteen years and are not arrested until they turn eighteen will face criminal charges in adult court. If the juvenile court seeks to transfer your child to adult court, you can employ the services of a skilled defense attorney to fight the transfer.

The Minors Delinquency History

Like in adult court, offenses that your child committed in the past are considered when determining the nature of their current charges. California law is strict on repeat offenders. Therefore, having a record for a serious offense would increase the chances of your child's transfer to adult court. This is because the court assumes that the child does not have any regard for the rehabilitation attempts and thus may learn from the severe punishment handed out in adult court.

The Severity of the Minors Crimes

The nature and seriousness of your child's crime may be critical in determining their suitability for trial in adult court. For minors who have committed serious and violent felonies, the prosecution will recommend that they are transferred to adult court to face the full length of justice.

The Child's Social Background

The environment in which a child grows can be significant to their behavior. Many juvenile delinquents have been seen to have unhealthy backgrounds, making their involvement in crime an easy choice. Your child's probation officer is responsible for checking the social background of the minor, presenting a report, and giving recommendations. When a child is found to have come from a highly violent background, the court may consider keeping them in the juvenile justice system to avoid further exposure to violent situations.

A Childs Intellectual and Psychological Maturity

In addition to rehabilitation and education, the juvenile delinquency court system aims to treat children. Therefore, the court invites a psychologist to evacuate the minor before making decisions. If a psychological evaluation shows that the juvenile offender does not understand or comprehend the nature of their crimes and consequences, the transfer to adult court may fail to push through. Since children need space and time to develop, your child's attorney can argue that they are not mature enough to face the consequences of a conviction in adult court.

The Minor's Response to Past Attempts of Rehabilitation

It is uncommon to find a first-time offender child committing severe offenses. In most cases, the court will schedule a transfer hearing for minors who are repeat offenders. When determining your child's suitability to be charged as an adult, the court will evaluate the success of past attempts at rehabilitation. The fact that the child faces criminal charges even with a record may indicate that they did not learn from their past mistakes. For this reason, the prosecutor will recommend an adult court to punish the child.

A Minor's Criminal Sophistication

Criminal sophistication is the exhibition of well-planned and thought-out steps in the commission of an offense. Typically, a child is not expected to be able to plan a crime with a level of sophistication similar to that of an adult. However, if they do, the court may decide that they are mature enough to face charges in adult court.

The Nature of the Programs Available to Treat the Childs Behavioral Program

When the juvenile justice system experts assess a child's condition, they determine the root cause of their delinquency. The court will check the dispositions and programs in the juvenile court to decide whether they can be helpful to the child. If the juvenile delinquency system cannot rehabilitate the child, a transfer to adult court may be necessary.

Offenses that Invoke a Transfer Hearing

Not all offenses committed by minors can be tried in adult court. Crimes that could prompt the court to initiate a transfer hearing ate those that fall under WIC 707(b), and they include:

  • Attempted murder or murder. This involves an attempt to kill another person or the actual killing.
  • Arson is the crime of burning property or structure and harming a person.
  • Robbery commission by use of fear, force, or violence
  • Forceful sexual assault. Some offenses under forcible sexual assault include rape or sodomy by violence, menace, or coercion. Also, sexual penetration with a foreign object or lewd acts with a child under fourteen could cause the juvenile.
  • Kidnapping is the rime that involves detaining another person or moving them without their consent. When a minor is involved in kidnapping for ransom, robbery, or sexual assault, the juvenile court will transfer them to adult court.
  • Assault with the use of a destructive or deadly weapon .
  • Discharging a firearm into an inhabited home, vehicle, or building.
  • Assault that results in serious bodily injury for the victim.
  • Using a firearm to intimidate or coerce a witness.
  • Bribery of a witness to give false testimony.
  • Violent crimes against individuals of sixty-five years or older.
  • Manufacture or sale of controlled substances such as cocaine, heroin, or morphine.
  • Escape from a juvenile facility and cause injury to an employee of the juvenile hall. For example, when your child is detained in juvenile hall before trial or after a sustained petition, escaping from that facility by force could cause the child to be charged as an adult.
  • Aggravated mayhem. Mayhem is a crime committed when a person causes disfigurement or permanent disability to another person.
  • Use of a dangerous weapon for carjacking.
  • Voluntary manslaughter while intoxicated
  • Use of explosives to commit murder

Effects of Charging a Minor in Adult Court

While both the juvenile and adult court systems aim to protect the public from lawbreakers, there are many differences between these systems. The criminal court system is geared more towards punishing offenders. On the other hand, the juvenile justice system seeks to treat minors and educate them so they can become productive members of society. Trying your child as an adult has a wide range of effects, including:

  • Criminal convictions are public records. The juvenile court system is strict in protecting a child's reputation. Every stage of the juvenile court system is confidential. Additionally, few people can access your child's criminal record. This allows a child to be free of judgment and consequences of their mistakes. Unfortunately, when your child is tried as an adult, they will not enjoy the benefits of confidentiality offered by the juvenile system. A criminal conviction from the adult court will show up when a person carries out a background check on your child.
  • Minors in juvenile court do not spend time in prison. The prison and jail environment can be very harsh, even for adults. The psychological trauma associated with time behind bars could significantly impact a child's development. Children tried in juvenile court are rehabilitated using mild dispositions and can continue their lives and go to school. When a minor faces trial in adult court, they risk facing a conviction and spending time in prison.
  • Children enjoy the right against self-incrimination. After the signing of the new SB 439, minors facing charges under the juvenile justice system enjoy many rights. Through arrest, interrogations, and court hearings, children have a right against self-incrimination. Anything your child says to the police cannot be used against them. On the other hand, in adult court, an offender's confession can be used in the conviction.

However, it is essential to understand that when a child is treated as an adult, their right to bail and trial before a jury is restored. Therefore, if the court decides to transfer your child to criminal court after a transfer hearing, you can secure their release on bail while awaiting trial.

Appealing the Court's Decision to Transfer, your Child to Adult Court

The penalties accompanying a conviction for offenses under WIC 707(b) are served. This is what your child risks by facing trial in adult court. The judge's initial decision to try a minor in adult court is not final. While treating the child as an adult serves the interests on=f justice in punishing them, this action may not be in your child's best interests. With the guidance of your child's attorney, you can appeal the juvenile court judge's decision.

If a juvenile chooses to appeal the decision to transfer them to adult court, they have up to twenty days to file an appeal. Since juvenile courts resolve cases quickly, you need to be quick to sort out the facts of the appeal and file before the deadline. If your child faces charges for a serious offense and has a history of juvenile delinquency, the likelihood of losing an appeal is high. However, your child may enjoy the benefit of having their fate determined by a jury.

Can a Minor Face a Death Sentence in California?

No. Your child's attorney will fight to keep your child's case in juvenile court since the dispositions are not harsh, and your child will not end up in jail. However, there are times when these attempts are futile, and your child must face a conviction as in the adult. Regardless of the nature and severity of your child's offenses, the court cannot sentence a minor to life imprisonment or capital punishment.

What Happens When a Youth is Not Transferred to Adult court?

There are two primary outcomes of a transfer hearing. If the court finds a youth unsuitable for trial in adult court, their case will remain in juvenile court, where the process continues to the adjudication hearing. Adjudication is like a trial in adult court. This is the stage of a juvenile case where the judge decides if a child did commit the offense indicated in the juvenile petition. At this hearing, the prosecution will present evidence to show that a minor committed the crime.

If the youth denied the allegations in the detention hearing, their attorney must argue the case by presenting relevant evidence. The court holds a detention hearing within fifteen days if the minor is in juvenile hall. However, the jurisdiction hearing will occur in thirty days if the child is left to go home after the detention hearing. For credible reasons, the court allows youth to ask for an extension.

An extension before the jurisdiction hearing may be beneficial if the child attorney seeks to conduct further investigations on the crime or collect evidence. If the juvenile admits to the charges, the adjudication hearing is terminated, and the process moves to disposition. In addition to presenting evidence, a juvenile delinquent has a right to cross-examine the witnesses brought by the state. After the juvenile court judge has heard evidence from the prosecution and the defense, they can either sustain or dismiss the petition against you.

A dismissed juvenile petition means the child can return to normal life. On the other hand, a sustained petition will prompt a disposition hearing. At this hearing, the court will decide on the right way to rehabilitate the child. Seeking legal counsel is essential whether your child's case remains in juvenile court or is moved to adult court.

Find a Knowledgeable Criminal Defense Attorney Near Me

A Juvenile is a child under eighteen years. While most crimes are associated with adults, juveniles could also violate the law. Usually, a child will be tried in juvenile court. However, when a minor commits a severe crime under WIC 707(b), the juvenile court will seek to transfer them to an adult court by holding a transfer hearing.

If a minor is tried in adult criminal court, a conviction for their crimes will result in penalties including jail or prison time which is not applicable in juvenile court. Spending time behind bars can be devastating for an adult and even worse for a minor. Therefore, if your child faces charges in juvenile court and there is a risk of a transfer to adult court, it would be wise to hire a knowledgeable criminal attorney to be their side.

At California Criminal Lawyer Group, we help your child defend against their juvenile petition and convince the court that transferring them to adult court is not in the child's best interest. We serve clients battling the juvenile justice system in Santa Ana, CA, to ensure the best outcome in the proceedings. Call us today at 714-844-4151 for the much-needed legal guidance.