The juvenile delinquency court systems handle offenses committed by minors under 18 years of age. The juvenile court system often puts more emphasis on rehabilitation than punishment. However, a minor can still face significant punishment for certain offenses. Violent crimes committed by juveniles are taken seriously in juvenile courts. These crimes often attract severe and lasting consequences. If your child faces charges for a violent offense, you should contact an attorney to help you create a defense to fight against your charges.

Prosecution Of Juvenile Offenses In California

People under 18 years of age are considered juveniles in California. Minors are charged in a juvenile court if you commit an offense. The judge can also charge a juvenile as an adult in certain cases. The difference between the juvenile court and adult criminal court is how the cases are charged, the punishment, the consequences of the conviction, and the ability to seal a juvenile record.

The purpose of the juvenile court system is to help a juvenile undergo rehabilitation and become a better person. On the other hand, the purpose of an adult court is to punish the offender. The juvenile court system and the law provide juveniles with a chance to change their behaviors and transform into law-abiding people. Juveniles cannot be charged in adult court according to California law. Juveniles aged 12 and 17 are often supervised by a juvenile court. However, the juvenile justice system can have custody over a juvenile below 12 years until 25 years based on the severity of the offense.

Categorizing Juvenile Offenses

Juvenile crimes range from status violations to serious felonies. Status violations are crimes committed because of the defendant’s age. Understanding the category of the crime is important in predicting how the judge will act.

Status Crimes

Status offenses include curfew violations, truancy, or underage drinking and are often not offenses if committed by adults. The courts often manage these crimes through diversion programs, education interventions, and community-based supervision to correct behavior without formal adjudication.

Misdemeanor Crimes

Misdemeanor offenses are minor criminal acts, like petty theft, vandalism, and possession of small quantities of marijuana. The judge can impose counseling, restitution, or probation, aiming to hold the minor accountable while preventing disruption to schooling.

Felony Crimes

Felony crimes are severe violations that can include drug sales, burglary, or assault with a deadly weapon. These violations attract more stringent supervision and detention. The juvenile also be placed in a juvenile rehabilitation facility based on their risk level.

Each category attracts different procedural safeguards and possible repercussions. An attorney can help the juvenile offender determine if their case qualifies for diversion. The attorney can also negotiate for reduced charges and options to detention.

Violent Crimes That Make A Juvenile To Be Charged As An Adult

A juvenile can only be charged in an adult criminal court if the offense fits into a certain category. These offenses are also known as 707(b) crimes. They include:

  • Using a weapon that is not allowed under California Penal Code 16590(a)
  • Firing a gun into a structure that is inhabited or populated
  • Certain offenses committed against people over 60 years old
  • Manufacturing, compounding, or selling one-half ounce or even more of a prohibited substance
  • Intimidating or bribing a witness
  • Carjacking
  • Aggravated mayhem
  • Drive-by-shooting
  • Kidnapping with intent to commit sexual assault
  • Voluntary manslaughter
  • Exploding a device with the intent to kill
  • Murder
  • Assault using force that can cause significant bodily injury
  • Robbery
  • Assault using a firearm or a dangerous object
  • Attempted murder
  • Arson targeting inhabited premises or causing serious bodily harm
  • Sodomy using violence, force, or the threat of physical injury
  • Rape using violence, force, or threat of physical injury
  • Threat of  violence, physical injury, or oral copulation using force
  • A lewd or lascivious act against a child below 14 years old that involves the threat of serious physical injury, violence, or force
  • Kidnapping for ransom
  • Forced sexual penetration
  • Kidnapping with intent to commit robbery

The Process Of Charging A Juvenile For Violent Crimes In An Adult Court

The office of the District Attorney has two options when a juvenile is accused of a 707(b) offense. They can ask the juvenile court to schedule a ‘’fitness hearing, during which the judge will determine if the minor qualifies to be charged in a juvenile court. On the other hand, the prosecutor could file charges in an adult court if the minor is below 16 years and accused of the following:

  • Crime against a person above 65 years old
  • Hate offenses
  • Violation of Penal Code 707(b), or
  • An offense that is allegedly associated with gang activity

Juvenile justice systems often seek to rehabilitate minors but not to punish them. Several factors are considered before charging a juvenile in an adult court. The following are the ways to go about this:

  • Instant adult charging for certain severe crimes committed by a qualifying minor
  • The prosecutor petitions for a fitness hearing at the juvenile court. A minor will be charged in an adult criminal court if the judge in juvenile court establishes that the minor is unsuitable for rehabilitation.
  • Filing the charges directly in an adult criminal court, at the prosecutor’s discretion

The judge can drop the juvenile’s charges after establishing that the prosecutor failed to observe the above steps before filing the case in an adult criminal court. The parents or a guardian of the minor should consult a skilled juvenile criminal attorney to ensure the correct process is followed.

Scheduling Of Detention Hearing

Bail is not allowed in a juvenile justice trial. The judge will set a detention hearing during which he/she will determine whether to release the juvenile to his/her parents during the pendency of the minor’s case. The judge will also decide whether placing the minor in a juvenile detention facility is the best option.

The purpose of the detention hearing is to determine the best course of action for the minor’s physical custody. This is often scheduled to determine whether the minor will be allowed to return to live with their family or will be placed in juvenile detention throughout the trial. Some of the factors that will be considered include:

  • The ability of the parent to offer a stable and suitable environment with the proper supervision
  • The severity of the offense, and
  • Any previous convictions determine a juvenile’s detention standing

The detention hearing is always scheduled within 48 hours of the juvenile’s detention. Any delay violates the minor’s rights as well as the California juvenile statutes. It is essential to seek the services of a competent attorney within this statute of limitations because of absence of bail. Unlike in the adult criminal system, you are not allowed to post bail for a juvenile accused of a crime. Legal representation is essential because a juvenile’s prompt release cannot be guaranteed. The court will decide during the minor’s arraignment whether the juvenile will remain in custody while the case is pending or be discharged, awaiting trial.

The Circumstances That Can Trigger A Fitness Hearing

The prosecutor will only request a fitness hearing if it is necessary. This will happen to the juvenile’s advantage if it were not required. The laws in California protect children and do not subject them to disciplinary measures unless warranted.

The following factors can make the prosecutor to file for a fitness hearing:

  • The minor is at least 16 years, has committed a crime that rendered them a ward of the court in the past, or if the minor has committed two or more crimes since attaining the age of 14
  • The minor is 16 years or older and has been charged with an offense
  • A minor is at least 14 years and is accused of violating Welfare and Institutions Code Section 707(b)

The prosecutor will not be allowed to file the motion if he/she fails to take into account any of the above factors. An experienced criminal defense attorney can negotiate for rehabilitation instead of a disciplinary action against the minor.

How The Fitness Hearing Works

The outcome of the fitness hearing will determine if a minor will be tried as an adult. This hearing is often set upon filing a request on the case. The judge will establish if the crime is suited for the juvenile court system and will also decide if it is amenable to rehabilitation once the hearing is concluded. Some of the factors that will influence the judge’s ruling include:

  • The success of the previous rehabilitation attempts
  • The severity and specifics of the petition’s purported crime
  • The minor’s level of offense sophistication
  • If the minor can get assistance while under the custody of the juvenile system
  • The juvenile’s past record of delinquency

The juvenile’s case will be taken to adult criminal court if the judge establishes that the minor will not benefit from the juvenile court’s rehabilitation services.

Adjudication And Sentencing

The adjudication hearing will follow if the fitness hearing is waived or ends under California juvenile law. This will be equivalent to a juvenile’s trial. The law does not allow minors to appear before a jury. The judge of a juvenile court often handles adjudication. This stage also requires the intervention of a skilled criminal defense attorney.

Sentencing is the final stage where the judge rules on the case. Sadly, the juvenile’s time in the juvenile justice system will not be over yet. The minor could serve probation, which is a lesser disciplinary action than the adult punishment. Juveniles on probation are often ordered to do the following:

  • Pay compensation for damages depending on the crime
  • Undergo counseling
  • Stay with a family member, or
  • Attend school

Sometimes, a minor will stay in jail until they attain 18 years as a Ward of the state or court. A minor can also be held in custody until 25 years in severe situations. A minor will not be convicted per se if found guilty, even if the court considers the criminal charges as well founded. There will be no charges to be expunged. Usually, minors who complete their juvenile programs often request sealing of their criminal records.

Some charges will remain in the juvenile delinquent court even if they are filed directly to adult court without a fitness hearing. The judge will determine whether a minor remains in custody or release them with stringent limitations. The court will rely on the probation officer’s recommendations to make this decision.

The Repercussions A Minor Can Face

A juvenile can face substantial punishment if found guilty of the alleged charges. The most severe penalty is detaining a minor until he/she attains 25 years. This can be done by the Department of Corrections and Rehabilitation, Department of Juvenile Facilities.

Depending on the severity of the crime, a minor can be tried in an adult court and face the same penalties as an adult. It can be a life imprisonment punishment without the chance of being set free. Fortunately, a minor cannot face a death sentence.

Minors who are charged with violent offenses have comparable rights and privileges as adult defendants. Some the rights include:

  • The right to provide witnesses to testify
  • The opportunity to examine the evidence against them
  • The right to discovery

Record Sealing And Expungement

The following are some of the ways that can minimize the long-term repercussions of delinquent conviction:

  • Post petition relief where a criminal record can be sealed upon successful completion of a diversion program
  • Petition for sealing — This can only be possible if the juvenile provides evidence of rehabilitation.
  • Automatic sealing occurs when a criminal record is sealed five years after the completion of the case, provided no petition is made.

Find A Criminal Defense Attorney Near Me

Under California law, criminal offenses committed by individuals under 18 years of age are handled by the juvenile delinquency court. The juvenile justice system differs from the adult criminal justice system because it does not seek punishment but rather rehabilitation for minors. However, even if the juvenile justice system aims to rehabilitate minors, some offenses can have severe consequences even for minors below 18 years. The court treats violent offenses seriously, even when committed by minors.

Minors who commit violent offenses and are above 14 years can have their cases transferred to the adult court. Violent crimes include murder and certain sex offenses. If your child faces charges for a violent offense, you should contact an attorney immediately. An attorney can protect the child's rights and negotiate for the best possible outcome.

At the Law Office Of Sara L. Caplan we have competent attorneys who represent juveniles facing all types of criminal charges in Los Angeles. Contact us at 310-550-5877 to speak to one of our attorneys.