Los Angeles Criminal Defense
Los Angeles Criminal Defense Attorney Jack Gold: Former Juvenile Court Commissioner on California Juvenile Law
When Can A Minor Be Tried As An Adult?
A California juvenile court has jurisdiction over a person who was under age 18 when the offense was committed, unless:
(1) Prosecution in adult court is required by California or Federal Law, based on the felony charges and the age of the minor;
(2) The District Attorney has discretion to trya juvenile in adult court, based on the type of
felony charges and the age of the minor; or
(3) The juvenile court has transferred the case to adult court.
Los Angeles Criminal Defense Attorneys are necessary because any person who knows a minor has committed felony charges or misdemeanor charges can notify county probation or the district attorney and file an affidavit to begin proceedings against a minor.
Most applications are filed by police officers, although in this day and age of advanced internet technology with, MySpace, Google, Yahoo, You Tube and camera phones, private citizens file as well.
The affidavits usually allege a minor within the county committed an offense and should have facts supporting the allegations, witness statements, photographs or other evidence may be available.
When the application against a minor gets filed, the probation officer, or in some counties, the prosecutor in concert with the PO, begin investigation to determine whether to recommend filing the case in juvenile court. The probation officer may also proceed informally and put the minor on informal supervision.
Minors have the same rights under the US Supreme Court Case that gave us the Miranda
Rule for adults, except the minor may, in addition, invoke the 5
th Amendment by:
- Requesting to see or phone a parent or guardian; or
- Requesting to see some other adult similar to an attorney.
However, it would be a very unequal situation if law enforcement had the minor in custody without notifying the parents or guardian before asking questions, regardless of providing the minor with Miranda Rights.
At a detention hearing, the following rights are guaranteed:
The right to:
(1) A Criminal Attorney;
(2) Timely disclosure and inspection of evidence;
(3) Adequate notice time and place of hearings;
(4) Remain silent;
(5) Have a Criminal Lawyer Confront witnesses Against the Minor;
(6) Have a Criminal Lawyer Cross-examine Witnesses;
(7) Have a Criminal Lawyer Present Witnesses and Evidence on own behalf; and
(8) Admit the allegations of a petition and waive the jurisdictional hearing.
A determination of a minor's fitness for the California juvenile court is subject to:
(1) Right to a Criminal Defense Attorney;
(2) Right to a hearing;
(3) Criminal Defense attorney's timely access to evidence; and
(4) A statement of reasons for the juvenile court's decision.
Los Angeles Criminal Defense Attorneys
If at the jurisdiction hearing the following due process rights were not afforded, the minor is entitled to reversal:
(1) Notice of the allegations;
(2) Right to Criminal Lawyer;
(3) Right to Remain Silent ;
(4) Right to have all witness testimony sworn ;
(5) Right of Defense Lawyer to Confront witnesses against the minor ;
(6) Right of Defense Attorney to Cross-examine prosecution witnesses ; and
(7) Right to Have Guilt Measured by Standard of Proof known as Proof Beyond Reasonable Doubt.
In juvenile delinquency cases, minors do not have the following rights:
(1) Right to reasonable bail;
(2) Right to jury trial; and
(3) The prohibition on being convicted based on uncorroborated accomplice testimony.
Contact Los Angeles Criminal Defense Attorney Jack Gold who served as an LA County Juvenile Court Commissioner for 26 years about your juvenile case in California.