Crimes committed by minors under the age of 18 are the main focus of the California juvenile delinquent court system. Although juveniles could still face serious consequences for certain offenses, the emphasis in the juvenile court system is on rehabilitation rather than punishment, unlike the adult criminal system. Violent crimes committed by minors carry significant weight in the eyes of the juvenile court and can lead to severe and long-lasting consequences. This blog explores how juveniles are prosecuted for violent offenses in California.
California's Juvenile Crime Prosecution
California law considers individuals under the age of eighteen as minors. As a result, if individuals break the law, they will be prosecuted in juvenile court. However, there are certain situations where they can face adult charges. The main distinctions between a juvenile court and an adult criminal court include the ability to seal a juvenile record, the types of punishments imposed, the long-term consequences of a conviction, and the trial procedures used.
The main objective of the juvenile justice system is to help children undergo rehabilitation and personal growth. In contrast, the primary goal of an adult court is to punish offenders. The juvenile justice system and the law provide minors with the opportunity to change their behavior and become law-abiding adults. According to California law, minors cannot be tried in adult court.
Adolescents who are under the age of eighteen are typically under the jurisdiction of a juvenile court. However, in certain cases, the juvenile justice system could have authority over individuals under the age of twelve and up to the age of 25, depending on the severity of the offense.
Senate Bill (SB) 1391
In 2018, SB 1391 was passed, superseding the Prop 21 legislation. Previously, individuals under the age of 14 could face adult charges. However, with the enactment of Senate Bill 1391, you can only be tried as an adult in court if you are 16 years of age or older.
According to SB 1391, offenses committed while under the age of sixteen cannot be charged as an adult. Previously, serious and violent crimes committed by individuals aged 14 or older could have led to adult prosecution.
As per this law, you will only be subject to adult prosecution if you:
- Have reached the age of sixteen.
- Committed the crime when you were younger than sixteen, but you weren't caught until you were older than eighteen.
- Are older than sixteen and the prosecution feels that your case should be sent to an adult court.
In the past, if you were 16 or older and committed a crime, you could have been prosecuted as an adult. Additionally, if you were fourteen or fifteen years old and involved in violent acts, you might have also faced an adult trial.
Prop 21
In 2000, voters approved California Prop 21, also known as the Juvenile Justice Initiative. This program aimed to reduce the high rate of youth offenses, particularly those associated with gang involvement. Under this rule, the prosecution has the option to charge a minor as an adult, regardless of their age. The Act also specifies certain offenses that require juvenile offenders to be prosecuted as adults. These include violent crimes such as murder, specific sexual offenses, and other serious and violent offenses.
Violent Offenses for Which a Juvenile Can Be Referred for Adult Prosecution
To be charged in an adult court, the crime committed must fall under one of the following categories. These offenses could also be classified as violent crimes under WIC 707(b).
- Kidnapping to rob someone.
- Kidnapping with intent to harm.
- Forced sexual interaction.
- Kidnapping for monetary gain.
- A lascivious or lewd act with the threat of force, violence, or significant bodily harm committed against a child under the age of fourteen.
- Threats of violent acts, serious bodily harm, or coercive oral copulation.
- Forceful or violent rapes or those in which physical harm is threatened.
- Sodomy using physical force, aggression, or threats of harm.
- Arson intended to cause significant physical harm or to target inhabited places.
- Assault with a weapon or potentially harmful object.
- Attempted murder.
- Robbery.
- Assault involving a high risk of serious physical harm.
- Aggravated mayhem.
- Murder.
- Detonating a gadget with the intention of murder.
- Voluntary manslaughter.
- Kidnapping to sexually abuse the victim.
- Drive-by-shooting.
- Carjacking.
- Certain offenses against individuals aged sixty years or older.
- Threatening or buying off a witness.
- Manufacturing, blending, or selling a half-ounce or greater quantity of an illicit substance.
- Using a weapon in an occupied or populated structure.
- Making use of a weapon that California PC 16590a explicitly prohibits.
Procedures for Charging a Juvenile Before an Adult Court for Violent Crimes
The prosecutor's office has two options when a youngster is charged with a WIC 707(b) crime: they can either file a petition with the juvenile court asking for a "fitness hearing," where the judge determines whether the child is qualified to face charges in the juvenile court.
In situations where minors under 16 years old are charged with WIC 707(b) crimes, hate crimes, crimes against victims who are over 65, or crimes allegedly associated with gang affiliation, the prosecution could opt to "direct file" the proceedings in adult court.
Juvenile courts typically prioritize helping children improve rather than punishing them. Before considering charging a minor in adult court, several factors must be considered. There are various approaches you can take to achieve this:
The prosecution has the option to file the case directly in an adult court or request a "fitness" hearing in juvenile court. In the latter scenario, child court judges have the authority to charge a juvenile as an adult if they determine that rehabilitation is not suitable. This includes charging eligible juveniles as adults for certain serious felonies without delay.
If neither of the previously specified procedures was completed before the matter was brought before the adult court, the court could dismiss the offender's case. To ensure that the proper procedures are followed, parents or other close family members of the youngster should speak with an experienced juvenile criminal defense lawyer.
Detention Hearing
In juvenile justice proceedings, bail is not available. Instead, minors have detention hearings, where the court decides whether to keep them in a juvenile detention center or release them to their parents while the juvenile court case is pending.
The detention hearing aims to determine the best course of action for the physical custody of the juvenile. Typically, the purpose is to decide whether the minor should remain in juvenile custody for the duration of the trial or be allowed to return home with their family.
The seriousness of the offense, any prior convictions, and the parent's capacity to provide a suitable and stable environment with appropriate supervision are typical factors that affect a person's detention status. It's important to note that the detention hearing must occur within 48 hours of the offender's incarceration in this case. Any further delay would violate California's juvenile statutes and the child's rights.
This deadline highlights the importance of hiring a juvenile attorney as soon as possible, as there is no bail in the juvenile court system. Ensuring the prompt release of a child cannot be guaranteed, making it essential to have an attorney who is familiar with California's juvenile rules and regulations.
Certain violent offenses are eligible to be heard in the juvenile delinquent court, even though they could be transferred directly to the adult criminal court without a direct filing or a fitness hearing. Unlike in the adult court system, a child accused of a crime cannot post bail to secure their release while the case is pending.
During the juvenile's arraignment, the judge will decide whether to grant a speedy discharge or to keep the child in jail until the case is resolved.
Situations That Allow the Prosecutor to File A Fitness Hearing
A petition for a suitability hearing should only be filed in dire circumstances. If it is not necessary, the decision will inevitably be made in favor of the minor offender. It's crucial to keep in mind that minors have legal protections and shouldn't face punishment unless necessary.
The prosecutor is only required to begin the proceedings in the following situations:
- The accused minor, aged 14 or older, is charged with violating WIC 707(b).
- The defendant has been accused of a crime and is at least 16 years old.
- The minor is at least sixteen years old and allegedly has committed a crime in the past that led to them being placed under court supervision.
- The minor has committed two or more offenses since turning fourteen.
If the matter does not fall into one of the three categories listed above, it could not be appropriate for the prosecutor to file the motion. A strong defense from your defense attorney can help you argue for your child to receive rehabilitation instead of punishment.
How A Fitness Hearing Works
The court could, at its discretion or the prosecutor's request, hold a fitness hearing after the detention hearing. Fitness hearings are usually conducted in criminal courts to hear and make decisions regarding your loved one's case.
After the hearing, your child's case might be transferred to a regular criminal court, or they might go to trial in a juvenile court. If your loved one is charged with a violent or serious crime (any offense covered under WIC 707(b)), they are likely to appear at a fitness hearing.
In some cases involving juveniles and violence, prosecutors have the option to transfer them directly to adult courts. However, it is always possible for a minor to receive the protection of a juvenile court. These hearings are necessary as a result.
Prosecutors only request a fitness hearing when it is necessary. Due to legal protections for children, your child will not face disciplinary punishment unless it is truly necessary or unavoidable.
The prosecutor can request a fitness hearing in the following situations:
- If the major offense was committed by your loved one when they were 14 years of age or older.
- The child became a ward of the court at the age of 14, committed at least two more serious felonies at the same age, and then committed a grave felony when he was at least sixteen.
- If they were at least 16 years old at the time of their arrest and faced significant felony charges.
If the circumstances in your case do not warrant a fitness hearing, it is unjust for the prosecutor to file a motion for one. A dedicated criminal defense lawyer can stand by your side, supporting you in your pursuit of therapy and recovery rather than punishment.
Depending on how the hearing goes, your loved one could or could not be charged with a crime as an adult. The court must consider the prosecution's claims and supporting documentation to make a decision. To make a fair decision, they must also listen to your testimony and consider any evidence you or your child could have. The judge should also take into account the juvenile's past misbehavior, as well as the type and seriousness of the underlying crime.
The court will consider the following elements when deciding how to proceed with a fitness hearing:
- If the child has the opportunity to receive assistance before benefiting from the protections of the juvenile justice system.
- How well the juvenile has recovered from prior attempts at rehabilitation.
- The types of crimes the minor has committed in the past, as well as the possibility that they could commit new ones in the future.
- The details and seriousness of the offense that led to the petition.
- The type of underlying crime and its level of sophistication.
The main goals of the fitness hearing are to determine if the minor's offense falls under the jurisdiction of the juvenile justice system and whether they are eligible for assistance if the case is handled by a juvenile court. The judge could require the prosecutor to file the lawsuit in court if necessary.
Judgment and Disposition
However, the adjudication hearing will take place if the fitness hearing is either dismissed or concludes under California juvenile law. This hearing serves as the juvenile version of a "trial." California juveniles do not have the right to a jury trial. Instead, a juvenile court adjudicator makes the final decision. At this stage, it is crucial to seek the assistance of a juvenile defense lawyer.
The outcome of the juvenile's case is declared during the disposition phase, which is the final stage. Unfortunately, the juvenile's involvement with the California juvenile court system might not be concluded. Typically, the juvenile will receive a probationary term, which is less severe than an adult sentence. Under probation, adolescents can attend school, live with family, receive treatment, or make reparations for damages, depending on the offense.
In other cases, the child could be placed in state custody as a Ward of the State/Court until they reach the age of eighteen. In some of the worst circumstances, they could be detained until they turn 25. Juveniles in juvenile court are considered guilty of committing an alleged offense, but they are not found guilty as individuals if the juvenile court judge determines that the criminal accusations are well-founded.
Therefore, there is no conviction to expunge. However, several circumstances can make this process impossible. Nevertheless, individuals who have completed the juvenile program often request to have their criminal records sealed.
Certain violent offenses could remain in the juvenile delinquent court, even though they can be transferred directly to adult courts without the need for fitness hearings or direct filings. Unlike in the adult court system, a juvenile accused of a crime cannot post bail to secure their release while the case is pending.
During the arraignment of the juvenile, the judge will decide whether to keep the kid in jail until the case is resolved or to release them with strict conditions so they can go back home. This decision will largely rely on the remarks and advice given by the probation officer.
Consequences That A Minor Could Face
If juveniles are found guilty in adult courts, they will face severe consequences. The most severe outcome for a young person convicted in juvenile court is that they could be kept in custody by the California Department of Corrections and Rehabilitation and Department of Juvenile Facilities until the age of 25.
However, depending on the seriousness of the crime, a minor charged in adult court can face the same penalties as an adult, such as life in jail without the possibility of parole. It is important to note that the death sentence could never be applied to a minor.
Minors accused of serious crimes in the juvenile court system are granted many of the same rights and benefits as adult criminals. This includes the opportunity to review the evidence against them, the right to invite witnesses to testify, and the right to discovery. Having an experienced juvenile defense lawyer could be essential, especially in situations where the charges could have been brought due to the youngster resorting to violence in self-defense.
Find A Van Nuys Juvenile Attorney Near Me
If someone you care about is accused of a serious crime, it is normal to feel overwhelmed with emotions. This situation can become more complicated if the prosecution wants to move the case to an adult court due to the seriousness of the crime. In such cases, it's crucial to find a professional lawyer who can defend the rights of the accused. At Leah Legal, we specialize in representing minors in criminal defense cases in Van Nuys, California. Our priority is to do everything we can to protect your child's well-being. Give us a call today at 818-484-1100.