Los Angeles Criminal Defense

What is a Fitness Hearing?

Juvenile Delinquency Cases Defended by former Juvenile Court Commissioner Jack Gold

Ask A Lawyer:

Q. What is a Fitness Hearing?

A. A fitness hearing is held to decide whether a minor is a fit and proper subject for the juvenile justice system when the minor:

(1) Is charged with committing, at age 16 or 17, an offense that is not listed in Welfare and Institutions Code Section 707(b);

(2) Is charged with a felony committed at age 16 or 17 and has previously been adjudicated a ward of the juvenile delinquency court on the basis of 2 or more felony charges after reaching age 14; or

(3) Is charged with committing, at age 14 or over, any of the felony charges in Welfare and Institutions Code Section 707(b).

Q. How does a Fitness Hearing Start in California Juvenile Delinquency Court?

A. Fitness proceedings may be initiated in California juvenile delinquency court:

(1) By the district attorney, the probation officer, or the juvenile delinquency court;

(2) After a juvenile delinquency court petition has been initiated; or

(3) After the case is certified from adult court and a juvenile delinquency court petition filed; and

(4) Within strict time limits before jeopardy attaches.

Q. What does the juvenile delinquency judge or commissioner use to make the determination?

A. When making the fitness determination, the juvenile delinquency commissioner considers the probation report.

Criminal Defense Attorney Los Angeles

Q. What does the Probation Report include?

A. The juvenile delinquency judge or commissioner must order a probation report that:

(1) Examines the behavioral patterns and social history of the minor;

(2) Contains information relevant to the minor's suitability to juvenile justice system's treatment programs;

(3) Is furnished to the minor, the minor's parent or guardian, and all criminal lawyers at least 24 hours before the hearing is scheduled to commence.

Q. Who has the burdern of proof?

A. At the fitness hearing, the burden of proof is:

On the district attorney to show the minor is unfit for juvenile court, if the minor is charged with committing, at age 16 or 17, an offense that is not listed in Welfare and Institutions Code Section 707(b), and has not previously been adjudicated a ward of the juvenile justice system;

or

On the minor with the help of a Los Angeles Criminal Defense Attorney to show that he or she is fit for the juvenile justice system, if either:

(1) The minor is felony charges committed at age 16 or 17 and has previously been adjudicated a ward of the California juvenile court on the basis of 2 or more felonies charges committed after age 14; or

(2) The minor is charged with committing, at age 14 or over, any felony charges listed in Welfare and Institutions Code Section 707(b).

Q. What sorts of things must the juvenile justice system court judge or commissioner consider when making a fitness determination?

A. The juvenile delinquency judge or commissioner must:

(1) Consider the proper criteria;

(2) Consider the criteria as an aggregate and base its determination on one or a combination of the criteria when the juvenile crime is other than one of the designated serious felonies where the prosecution bears the burden of proving unfitness; or

(3) Consider each criterion individually and, to find the minor fit, determine that the minor is fit under each and every one of the criteria when the juvenle crime is one of a list of the designated violent felony charges where the minor bears the burden of proving fitness.

The minor may be amenable to the care, treatment, and training programs available through the juvenile justice system based on the following criteria:

(a) The degree of criminal sophistication shown by the juvenile crimes.

(b) Whether the minor can be rehabilitated prior to the expiration of the juvenile justice system's jurisdiction.

(c) The previous juvenile delinquency history.

(d) Success of previous attempts by the juvenile justice system to rehabilitate the minor.

(e) The circumstances and gravity of the felony charges or misdemeanor charges in the petition.

If you have a juvenile delinquency case, contact the Los Angeles Criminal Defense Lawyer who was a Superior Court Juvenile Commissioner to defend your case.