When Can a Minor Be Tried as an Adult in California?
Did you know that in certain circumstances, minors can be tried as adults in California? Understanding California's laws about when and how minors can be transferred to adult court is important for any family facing this situation.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our criminal defense attorneys near you.
California's Juvenile Justice Philosophy
California's juvenile justice system operates on a fundamentally different philosophy than adult criminal court. The juvenile system focuses on rehabilitation rather than punishment, recognizing that young people have greater capacity for change and reformation. However, California law does allow prosecutors to seek adult court prosecution for minors accused of certain serious offenses. In California, the age at which a minor can be tried as an adult is 16 years old.
The Transfer Hearing Process
When prosecutors want to try a minor as an adult, they must file a motion for transfer to criminal court. This triggers a fitness hearing, also called a transfer hearing, where a juvenile court judge decides whether the case should remain in juvenile court or be transferred to adult criminal court.
The judge evaluates various factors during this hearing. First, the degree of criminal sophistication exhibited by the minor matters significantly. A teenager who meticulously planned a crime demonstrates different maturity than one who acted impulsively. Second, the judge considers whether the minor can be rehabilitated before juvenile court jurisdiction expires at age 25. Third, the minor's previous delinquent history weighs heavily in the decision. Fourth, the success of previous rehabilitation attempts influences the outcome. Finally, the circumstances and gravity of the alleged offense play a role. The prosecution bears the burden of proving that the minor is not suitable for juvenile court treatment.
Crimes That Trigger Potential Adult Prosecution
Serious offenses that can cause a minor to be tried as an adult include murder and attempted murder, arson, robbery with a weapon, rape with force or violence, kidnapping, assault with a firearm, and certain sex offenses.
Consequences of Adult Court Prosecution
The stakes for minors tried as adults are extraordinarily high. If convicted in adult court, a minor faces adult sentencing, including lengthy prison terms and potentially life in prison for the most serious offenses. They will be housed in adult correctional facilities rather than juvenile detention centers. Adult convictions also carry lifelong consequences, including impacts on employment, housing, education opportunities, and the right to vote or own firearms.
Perhaps most significantly, adult convictions lack the confidentiality protections of juvenile adjudications. Juvenile records can sometimes be sealed, but adult convictions become permanent public records.
Defending Against Transfer to Adult Court
If your child faces potential transfer to adult court, experienced legal representation is necessary. A skilled criminal defense attorney can present evidence and arguments to keep the case in juvenile court, where rehabilitation remains the focus.
Contact Wallin & Klarich Today
If you are a juvenile facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney near you.
