What are the possibilities of my child's juvenile case be sent to adult court?
In California, a juvenile can be sent to adult court if either (1) the District Attorney decides to file a case directly in adult court against a juvenile because of the seriousness of the alleged offense; or (2) there is a Fitness Hearing where the District Attorney asks a judge to consider whether a child should be sent to adult court given the gravity of the alleged offense.
As a general rule, California criminal defense lawyers try to stop juvenile cases from being "elevated" to adult court. The potential punishment--and negative effects on the child's life--are much worse for cases that go to adult court.
When a child in juvenile court is found to have committed a crime, the goal of the system is rehabilitation and doing what's in the best interest of the minor. In adult court, the goal is more in terms of outright punishment.
How will the judge decide if a juvenile child who is accused of committing one of the above crimes should be sent to adult court?
Ultimately, the judge at the fitness hearing will evaluate five factors as required by California law. They are as follows:
- The degree of criminal sophistication exhibited by your child
- Whether your child can be rehabilitated before juvenile court jurisdiction expires
- Your child previous delinquent history
- The success of previous attempts by juvenile court to rehabilitate your child
- The circumstances and gravity of the offenses alleged to have been committed by your child
