How are Juveniles Prosecuted for Violent Crimes in California?

The juvenile justice system handles criminal cases involving minors (individuals aged below 18). The system aims to give children a second chance by offering treatment and rehabilitation to correct criminal conduct rather than punishment. However, the system handles some violent crimes differently. For example, a minor can face prosecution like an adult for a violent crime. In this case, they do not enjoy the protection of the juvenile system. It helps to understand the circumstances under which a minor’s case can be transferred to an adult criminal court if your loved one is facing violent charges. Engaging a skilled criminal attorney for advice, guidance, and legal representation is advisable throughout all court processes.

How The Criminal System Handles Juvenile Crimes

It is not unusual for a minor to commit a crime. Minors engage in criminal activities, just like adults. While most of the crimes committed by children are less sophisticated, some juveniles are accused of committing serious and violent felonies. Typically, the juvenile justice system handles criminal cases involving minors. Minors appear before a judge in a juvenile court, who hears their case and gives a verdict based on the evidence the prosecutor presents. But this can change under exceptional circumstances, including when a minor is facing severe or violent felony charges. In that case, they could face trial in a criminal court, like an adult offender.

The juvenile system is significantly different from the adult criminal justice system in how judges handle cases, the expected punishment, the lasting consequences of a guilty verdict, and the provision to seal criminal records. Juvenile courts are a little lenient since they deal with children who, sometimes, do not know any better and deserve a second chance. Thus, the system handling juvenile cases offers rehabilitation and treatment to help the offender become a respectable person in the future. In contrast, the adult criminal justice system punishes the offender.

Even though the law allows juvenile offenders to become better citizens, sometimes it advocates for punishment instead of treatment and rehabilitation. In that case, a juvenile offender will face prosecution and trial like an adult. If your child, aged between twelve and seventeen, commits a crime, they enjoy the wardship of a court. But if the details of their case are severe, the court can take custody of your twelve-year-old minor until they reach age 25.

What Proposition 21 Entail

Proposition 21 is a juvenile justice initiative that California voters approved in 2000. The initiative aimed to reduce the increasing rate of juvenile offenses in the state, especially gang-related crimes. Under this proposition, the prosecutor can decide whether to try a minor, like a child or an adult, even when they are still under 18. The proposition also lists specific crimes that could cause a minor to face trial in a criminal court, not a juvenile court. If your loved one faces violence-related charges like murder or a specific sex crime, they could face trial like an adult.

What SB 1391 Entail

This bill replaced Proposition 21 and was passed into law in 2018. Under Prop 21, juvenile offenders younger than 14 could face prosecution as adults under specific circumstances. However, SB 1391 brought a different proposal, that adult criminal courts can try juveniles as adults only if they are 16 years or older. This law does not allow the prosecutor to file criminal charges against minors in a criminal court for crimes they committed before they turned 16. Before then, a child could face a jury trial and penalties like an adult, even if they were only 14.

According to SB 1391, a child can face prosecution like an adult under the following circumstances:

• They are 16 years or older.
• They committed the offense before turning sixteen but were not arrested until eighteen or older.
• They are 16 or older, and the prosecutor sees the need to request a case transfer from the juvenile court to a regular criminal court.

The Crimes That Could Result in Prosecution Like an Adult

Criminal activities are not all the same. Some crimes are more severe than others. A child who commits an infraction or a misdemeanor offense will be treated with leniency under the juvenile justice system. The system will allow them to correct their behavior and start afresh so they can live a criminal-free adult life. Felony offenses are also not the same. Some felonies are more severe than others. Your child will likely face prosecution like an adult if they face charges for a serious or violent crime. Their crime must fit in the category provided under WIC 707(b). These offenses include the following:

• Kidnapping for robbery.
• Kidnapping resulting in an injury or death.
• Forceful sexual penetration.
• Lewd acts with a minor aged 14 or below, accomplished through violence, force, or threats of injury.
• Kidnapping for a ransom.
• Oral copulation accomplished through violence, force, or threats of injury.
• Rape, mainly when achieved through violence, intimidation, or threats of injury.
• Sodomy through violence, force, or threats.
• Arson, especially when done on an inhabited building, results in severe physical harm.
• Robbery.
• Assault using a dangerous weapon like a firearm.
• Murder.
• Exploding a hazardous device, intending to commit murder.
• Attempted murder.
• Voluntary manslaughter.
• Carjacking.
• Aggravated mayhem.
• Kidnapping for sexual assault.
• Bribing or intimidating a witness.
• Drive-by shooting.
• Compounding, producing, manufacturing, or selling even a small amount of a controlled substance.

The Processes Following the Arrest of a Minor For Serious or Violent Crime

When a child is arrested for committing an offense listed under WIC 707(b), the prosecutor’s office has these options: to refer the case to a juvenile court for hearing and determination or to petition a juvenile court judge for a fitness hearing. The latter is how the judge determines whether the minor can face trial in a juvenile court.

Suppose the minor is 16 or older and faces serious felony charges involving hate, crimes against older adults aged 65 or older, or crimes related to or for the benefit of a criminal street gang. In that case, the prosecutor can file charges against them directly in a regular criminal court.

Remember that the juvenile justice system aims to rehabilitate and treat minors, not penalize them for their criminal acts. Thus, the judge must make careful considerations before referring a minor’s case to a juvenile court for prosecution. Here are some examples of how judges and prosecutors handle juvenile cases based on the nature and severity of the charges:

• The prosecutor can directly file charges against the minor in a criminal court if the circumstances of the case allow.
• The prosecutor can request the juvenile court for a fitness hearing to explore the circumstances of the case and determine the offender’s suitability to face trial in a juvenile court. Once the judge rules that your child is unfit to face trial in a juvenile court, the prosecutor will file charges against them in an adult court.

Note: The judge or prosecutor can dismiss your loved one’s case before bringing it to the juvenile or regular criminal court. That could happen if the prosecutor does not have sufficient evidence to support the defendant’s charges. But if the matter goes through the legal system, you can seek the help and support of a skilled criminal attorney to protect your loved one’s rights and fight for a favorable outcome.

The Detention Hearing

Detention hearings happen right after a juvenile offender’s arrest. Since the juvenile justice system does not grant bail, the judge must hold a hearing to determine whether the minor should remain in custody or be released to their parents pending the judge’s decision. This hearing aims to determine the best action for the judge and society.

Judges consider several factors to make the final decision, including the minor’s history of delinquency, the gravity of the underlying charges, and the parent’s ability to supervise the child and make the environment suitable and stable for them.

Legally, judges must hold detention hearings within 48 hours of the juvenile’s arrest. Any delay is considered a violation of the minor’s rights. Additionally, since children are not granted bail release, it is advisable to hire an attorney early in the process to prevent your loved one’s unfair detention.

The Fitness Hearing

After the detention hearing, the judge can hold a fitness hearing at their discretion or following a prosecutor’s request. Fitness hearings are mainly held if there is a possibility that your loved one’s case will be heard and determined in a criminal court. The hearing could result in your child facing trial in a juvenile court or transferring their case to a regular criminal court. If your loved one is facing charges for a serious or violent crime (any crime listed under WIC 707(b)), chances are high that they will attend a fitness hearing.

Remember that prosecutors can directly transfer some violence-related cases involving minors to adult criminal courts. But there is always a possibility of a child enjoying a juvenile court’s protection. That is why these hearings are necessary.

Prosecutors only petition for a fitness hearing when it is necessary. The law protects minors and will not subject your child to disciplinary action unless essential or unavoidable. Here are the circumstances under which the prosecutor must ask for a fitness hearing:

• If your loved one was 14 years or older when they committed a serious felony.
• If they were at least sixteen when they were arrested and charged with a serious felony.
• The minor was at least sixteen when he committed the severe felony, became a court’s ward, and committed at least two other severe offenses at 14.

It is unfair for the district attorney to file a motion requesting a fitness hearing if those circumstances do not apply to your case. An aggressive criminal attorney can help you fight for rehabilitation and treatment rather than punishment.

Whether or not your loved one will face criminal charges like an adult will depend on the outcome of the hearing. The judge must consider the prosecutor’s arguments and evidence to rule. They must also hear your testimony and consider any evidence you or your child has to make a fair decision. The judge must also consider the nature and gravity of the underlying offense and the juvenile’s history of delinquency. Here are some of the factors the judge must consider to determine the outcome of a fitness hearing:

• The nature and crimes the juvenile has committed in the past and their likelihood of reoffending in the future.
• If there is a chance for the minor to receive help before they can enjoy the protection of the juvenile justice system.
• The nature of the underlying offense and how sophisticated it was.
• The specifics and severeness of the crime that prompted the petition.
• How successful previous rehabilitation attempts have been on the minor.

Remember that the essence of the fitness hearing is to determine whether the minor's crime fits in the juvenile system and if they can receive any help if a juvenile court handles the matter. If not, the judge will order the prosecutor to file the case in a criminal court.

The Adjudication and Disposition Following a Successful Fitness Hearing

An adjudication process will follow if a fitness hearing concludes that your loved one is fit to face trial in a juvenile court. The process involves hearing and determining the juvenile’s case, as it happens during trial. The judge presides over the adjudication hearing. They hear the prosecutor’s and the defense’s arguments and review the evidence to make a final ruling. The prosecutor and defense can call in witnesses to strengthen their cases. Having legal representation is an excellent idea. Your attorney will represent your loved one in court, cross-examine witnesses, and present arguments on their behalf.

A disposition hearing follows the adjudication process closely, whereby the judge gives the final ruling. It is more like sentencing after a jury trial in a criminal court. Dispositions under the juvenile system differ slightly from penalties in the criminal justice system. Remember that the juvenile system aims to treat and rehabilitate offenders, not punish them. Your loved one will likely face a sell-severe disposition if the judge sustains their petition.

For example, the minor could be placed on probation and under the supervision of the probation department. The judge will give them some probation conditions to abide by during probation. For example, they must attend counseling, rehabilitation, or schooling. The probation conditions given are usually according to the underlying charges. Your loved one could also be required to pay restitution to their victim.

However, in severe circumstances, the judge could order the juvenile to remain in a detention center for a specified period. The judge could declare them wards of the court and order them to be detained until they reach the age of 25. The court can seal their juvenile records if the minor performs well while on probation or detention. It means anyone running a background check on them will not find out about that case. It protects the minor from the harsh consequences of having a criminal record.

The Consequences a Minor Can Face After a Sustained Petition

Remember that a sustained juvenile petition means the juvenile court has substantial evidence to believe that the minor performed the crime for which they face charges. It is more like a guilty verdict in a regular criminal court. However, the consequences of a sustained petition are not as severe as the criminal penalties adult offenders receive during sentencing. Remember that the goal here is to rehabilitate juvenile offenders so they can become responsible adults in the future.

But if your loved one faces charges in a criminal court and a jury trial finds them guilty, they will likely face severe consequences. Remember that your loved one’s case is transferred to an adult criminal case because it is a severe felony. Penalties for serious felonies under the criminal justice system are punishable by a lengthy prison term and a hefty court fine. Some serious felonies call for life imprisonment without the possibility of parole. Your loved one could also face other severe penalties that will significantly impact their life, including a damaging criminal record and serious immigration consequences if they are immigrants.

However, an experienced attorney can significantly change the outcome of your loved one’s case by using the best strategies and tools to fight for a favorable outcome.

Find a Skilled Criminal Attorney Near Me

Does your loved one face charges for a serious violent crime in Los Angeles?

Even though they are minors, their case can escalate to serious criminal charges in an adult court. That could result in grave consequences, including a lengthy time in prison and a hefty court fine.

Working with an experienced criminal attorney from the time of their arrest can help fight for the best outcome every step of the way. For example, your attorney can fight to keep your loved one’s case in the juvenile system. If that does not work, they can use the best fighting strategies to compel the criminal court to dismiss or reduce their loved one’s charges.

We have extensive experience handling juvenile cases at Los Angeles Criminal Attorney. After studying the case details, our attorneys can quickly devise the best fighting strategy for your loved one’s case. Call us at 424-333-0943 and let us work together for the best possible outcome.