Children in Adult Court in California
A child can be tried as an adult after a Fitness Hearing held in juvenile delinquency court. The District Attorney files a motion in juvenile delinquency court saying the child is not amenable to the juvenile justice system, including the care, treatment and training based on:
- The degree of the criminal sophistication of the juvenile crimes
- Whether the child can be rehabilitated while in the juvenile justice system
- Prior juvenile delinquency
- Successfull juvenile court system attempts at rehabiliation
- Circumstances and gravity of the juvenile crimes
If the District Attorney did not file felony charges listed in Welfare and Institutions Code Section 707(b) against the child, and the child is 16 years old or older, the District Attorney has the burden to prove the minor is
unfit for the juvenile justice system. The juvenile delinquency court judge or commissioner makes its decision based on the factors listed above.
If the District Attorney does file felony charges listed in W&I Code Section 707(b), and the child is 14 years old or older, the minor is presumed to be unfit for the juvenile justice system. The criminal lawyer for the child must show by a preponderance of the evidence that the child is amenable to juvenile court care.
If a child has been found unfit for the juvenile justice system, the case proceeds according to the laws of the adult criminal court. The court makes orders regarding bail and designates the facility where the minor will be confined. The child is entilted to be released on bail or on his own recognizance (OR) on the same terms as an adult with the same felony charges.
If the child is found to be fit, the juvenile court proceeds with the jurisdiction hearing.
If you have a juvenile delinquency case, contact the criminal lawyers with over 80 years of combined experience to defend the case.