If you or a loved one is a juvenile who has committed an offense in the eyes of the law, you probably have lots of questions about juvenile court procedures, and may be wondering whether he or she might even have to face adult criminal procedures.
Every case is unique
Find out when a juvenile is tried as an adult below, but keep in mind that every case is different, so you should really seek out specialized advice pertaining to your specific case by speaking with attorney Dan Chambers of the Chambers Law Firm. He has worked on many juvenile cases during his multi-decade career, so he’ll be glad to discuss your case with you, offer you tailored legal advice, and represent you or your loved on in juvenile or adult criminal court. Call 714-760-4088, email dchambers@clfca.com, or use the chat box to schedule your free case evaluation with Dan Chambers today.
Benefits of juvenile court over adult criminal court
Different states have different definitions regarding when someone will be considered a juvenile or adult in the eyes of the law. What’s good about going to juvenile court instead of the adult court is that any offenses will not affect an individual’s permanent criminal record. Offenses won’t be charged as felonies or misdemeanors either, and almost all juvenile offenses do not result in prison time. Juveniles who have committed certain offenses are required to appear in juvenile court, and may be moved to juvenile detention centers to be supervised while their case is pending.
When does a juvenile have to go to adult criminal court?
However, in California, children as young as 14 may be required to attend adult criminal court procedures if they meet the necessary criteria. This criteria factors in many aspects specific to the person involved, his or her history, and the severity of the offense or crime that has allegedly been committed.
In some cases, the prosecutor in the case must file a “fitness” petition in juvenile court, after which a hearing will be held. At this hearing, if the juvenile court judge finds that the minor is unfit for rehabilitation in the juvenile system according to 5 “fitness” standards he or she may be subject to adult criminal procedures. Depending on the seriousness of the offense, sometimes the prosecutor can file charges directly in adult court without the need for a fitness hearing.
Fitness criteria
The 5 fitness standards include the assertion that there is a “burden of proof” proving that the child is unfit for juvenile court procedures. In addition, the child must have been 16 or older at the time the crime was allegedly committed. Finally, the court must find that the child would not be “amendable to the care, treatment, and training program available through the facilities of the juvenile court” (source). The court will determine the child’s amenability by evaluating his or her “degree of criminal sophistication, whether the child can be rehabilitated before the expiration of jurisdiction, the child’s previous delinquent history, the results of previous attempts by the court to rehabilitate the child; and the circumstances and gravity of the alleged offense.”
Many mitigating factors
There are many more less concrete factors that may impact the judge’s decision to send the juvenile to adult criminal court or keep him or her in juvenile court. Attorney Dan Chambers will be glad to walk through the specifics of your case with you, thoroughly analyze them, and let you know what you can expect in juvenile or adult criminal court when you schedule a free appointment. Meet with him personally to discuss your case—you’ll be in very good hands with Attorney Chambers. Call 714-760-4088, email dchambers@clfca.com, or use the chat box below to schedule an appointment right way.
