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There are several reasons your child may be tried as an adult, as a Former Juvenile Probation Officer, and Deputy District Attorney, I have th know how to walk you and your family through this difficult and confusing time. 

First in most cases your child to be tried in adult court must be charged with a 707 B offense, and be 16 years or older.  There are exceptions to this general rule that I wll discuss below. 

A 707 B offense are your more serious crimes. 

Murder

Arson

Robberty

Rape with force of violence

Lewd or Lascivious act in violation of PC 288. (a)

Kidnapping for Ransom

Kidnapping for purposes of Robbery

Assualt with a firearm or destructive device

Attempted Murder

discharge of a firearm or specified weapon, as described in PC 12022.5 discharge of a firearm under 12022.53

A felony offense in which the minor was personally armed.

Torture

Aggravated Mayhem

Carjacking

Kidnapping while committing a carjacking

Voluntary Manslaughter

This is not an exhaustive list but meant to be illustrative

 

Before a Minor can be transferred to an adult court a fitness hearing must be held.  A fitness hearing is a hearing to determine if the minor is a fit subject to be heard in the Juvenile Court.  Under most of the statutes the minor is presumed to be unfit and the minor has the burden by preponderance of evidence, more probably than not, that he is fit for the Juvenile Court. 

For examply Welfare and Institutions Code section 707A

A minor may be transferred to an adult court when he has a pending felony and

two or more prior felonies, when he was 14 years or older

he is presumed to be unfit, and must prove his fitness under all categories of a fitness hearing

 

under 707 (d) (1) the minor is presumed not fit and most overcome the presumptio of unfitness.

this can be charged if the minor is over the age of 16 and has a pending 707 B offense as discussed above. 

under 707 (d) (2) if the minor is 16 years or older

A. If the offense as adult would be punishable by life imprisonment or death

B. Personal use of a firearm in commission of offense (PC 12022.5)

C. If WIC 707 B offenses

gang involved per 186.22

victim 65 or older.

If after trial or even after a plea agreement the minor pled or was not convicted of the crimes which sent him to adult court the case reverts back to Juvenile Court for disposition or sentencing. 

 

There are also certain cases which must be filed directly in adult court the case may not even be considered for Juvenile Court.  Again, if the minor is not convicted of the offense for which he was directly filed on he may go back to Juvenile Court.

 

Under Welfare and Institutions Code section 602 (b)

Any person who is alleged to, when he or she was 14 years of age or older, to have committed one of the following offenses shall be prosecuted under the general law in a court of criminal jurisdiction. :

Murder as described in Penal Code section 187 and the prosecution alleges the minor personally killed the victim.

 

The following sex offense, if the prosecutor alleges that the minor personally committed the offense, and if the prosecutor alleges one of the circumstances enumerated in the One strike law, this includes

Rape as described in paragraph 2 of subdivision a of the section 261 of the Penal Code. 

Spousal Rape, as described in paragraph 1 of subdivision a of Section 262 of the Penal Code.

Forcible Sex Offense in concert with another as described in Section 264.1 of the Penal Code.

Sexual Penetration as described in Section 289 of the Penal Code.

and several other cases as you can see this is a very complicated area of the law call me if you have questions with more than 13 years of Juvenile Practice experience I have the experience to assist you and your family. 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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