When a minor (someone below eighteen years) commits a crime, lawmakers do not view this offense or delinquent act as they would when an adult commits a similar offense. When a minor commits a delinquent act, his/her case will proceed to the juvenile delinquency system, which differs from the adult criminal justice system.

However, your minor could face criminal proceedings in adult court under certain circumstances, possibly resulting in the same penalties an adult would face in a similar situation. While learning that your minor is under arrest can be a traumatic and confusing experience, you have options.

Your first step when you learn that your child is under investigation or charged with a delinquent act is to hire an attorney. At Monterey Criminal Attorney, we can help you build the best legal defenses to secure the best possible outcome, regardless of whether your child is charged in adult or juvenile court.

How a Juvenile Court Differs From an Adult Court

The main difference between adult court and juvenile court is the ultimate goal of the legal justice system. The primary goal of the juvenile delinquency court is to treat and rehabilitate a juvenile offender. However, the primary goal of the adult court is to punish an offender for his/her violation. Because of these two distinct goals:

  • A conviction in an adult court will result in a jail sentence, while those in the juvenile delinquency court will result in probation or serving time in juvenile facilities, like the juvenile hall
  • In juvenile court, the judge will hear your child's case, not a jury, as you would expect in an adult court
  • In juvenile court, the judge does not convict a child as you would expect in an adult court. Instead, the judge “sustains the petition” filed by the prosecutor or district attorney
  • A criminal offense is considered a delinquent act and not a crime, as you would expect in an adult court
  • Sealing juvenile records in a juvenile court is easier than sealing criminal records in the adult criminal justice system

As you can see above, even the lingo in the juvenile delinquency court differs from that of the adult criminal court. In addition to being your child's legal counsel, the defense attorney you hire can help the minor navigate the legal complexities of the juvenile court to stand a chance of securing a favorable outcome.

Understanding the Senate Bill (SB) 1391

SB 1391 was passed and signed into law in September 2018, allowing prosecutors to file an official motion to transfer a minor from the juvenile delinquency court to the conventional adult court if the juvenile is sixteen (16) years or older.

This new law forbids the prosecution of juvenile offenders under sixteen years in the adult criminal justice system unless the minor was not arrested until he/she turned eighteen. The enactment of this bill into law marks a significant change in the juvenile delinquency system.

Before the enactment of this law, children aged fourteen years or older could face prosecution in an adult criminal court if charged with certain grave offenses, like rape with violence or murder, through a transfer hearing. According to SB 1391, the court could require a minor to undergo prosecution in the adult court under the following circumstances:

  • The child is aged sixteen years or older
  • The minor was arrested after turning eighteen, but the offense was committed when the minor was under sixteen
  • There are enough reasons to have the minor transferred to adult court

Generally speaking, the court will consider the factors listed below when determining whether there are substantial reasons to transfer the minor's case to adult court through a transfer hearing:

  • The minor's past criminal record
  • The seriousness of the delinquent act the minor is facing
  • The minor’s maturity and emotional and mental health
  • Whether prior rehabilitation attempts on the minor were successful
  • Whether rehabilitation and treatment are possible before the minor turns eighteen years old
  • The level of criminal sophistication or cruelty the minor portrayed when committing the alleged delinquent act

SB 1391 was a much-needed amendment, and its enactment in 2018 by former Governor Jerry Brown was supported by many for the following reasons:

  • It helps reduce overpopulation in jails
  • It helps minors aged between fourteen and fifteen seek necessary rehabilitation
  • It helps protect minors from acquiring bad personalities and vices in adult incarceration facilities
  • The majority of young offenders have a troubled history and are usually victims of child abuse or neglect. Therefore, it would be better for the children to receive rehabilitation through the juvenile justice system rather than endure the harsh treatment in the adult criminal justice system.

Examples of Crimes That Could Make a Minor Face Trial as an Adult

While the juvenile delinquency court could decide to transfer your child's case to the adult criminal justice system, not all offenses will necessitate this transfer. The Welfare and Institutions Code (WIC) 707(b) specifies crimes that could make your child face prosecution as an adult.

After careful consideration, the juvenile delinquency court could decide to transfer the minor into the adult criminal justice system to face trial as an adult would in similar circumstances. Examples of criminal offenses that could make a sixteen- or seventeen-year-old minor face trial as an adult include (but are not limited to) the following:

  • Aggravated mayhem
  • Carjacking
  • Torture
  • Drive-by shooting
  • Discharge of a firearm in an inhabited dwelling
  • Kidnapping with physical injury
  • Murder
  • Robbery
  • Arson causing severe bodily injury
  • Lewd acts with a child under 14
  • Attempted murder
  • Oral copulation or sodomy by force or violence
  • Bribing or intimidating a witness
  • Using a deadly weapon to commit a felony

As mentioned in the previous paragraph, if your child was fourteen or fifteen when he/she committed any of the above offenses, the minor could face trial as an adult if his/her arrest occurred after attaining eighteen years.

Crimes That Will Automatically Make Your Child Face Trial as an Adult

When your child is charged with certain crimes listed under WIC 602(b), he/she could automatically face trial in the adult criminal justice system. Examples of these offenses include (but are not limited to) the following:

Rape

According to Penal Code (PC) 261(a)(ii), it is unlawful to have sex with anyone who is not your wife or spouse using force, duress, fear, or threats. Your child could face prosecution in adult court if he/she is charged with a rape offense, particularly if that act involves certain aggravating factors such as:

  • Severe bodily injury to the victim
  • Use of a deadly weapon
  • The offense was gang-related

After a conviction under this statute, your child could face a fine not exceeding $10,000 and up to eight years of jail time.

Forcible Sexual Penetration

PC 289 makes forcible and non consensual penetration of another person's vagina or anus using a foreign object a felony offense punishable by up to eight years in jail and a fine of up to $10,000. For the sake of this statute, forcible penetration means you used threats, force, violence, duress, or fear to make the person consent to that unlawful act.

It is also worth noting that a disabled, intoxicated, and unconscious person is considered incapable of consent. That means arguing that the child had consent from these individuals is not a valid defense for this offense.

Sodomy

According to PC 286, sodomy is any contact between the penis of one individual and the anus of another. While sodomy is legal, it becomes illegal if the person is under 18, incarcerated, forced into the act, or unable to consent. Depending on the facts of your child's case, he/she could receive felony or misdemeanor penalties upon conviction.

A misdemeanor sodomy charge conviction will result in one year of jail time. However, if the child’s case is a felony, his/her sentence could include sixteen months to eight years in jail upon conviction.

Lewd Acts With a Child

Being charged with lewd acts with a child offense will automatically make your child's case transferred to an adult criminal court. According to PC 288, you commit lewd or lascivious acts with a child, also known as child molestation, when you touch a child under fourteen years for sexual arousal or gratification. A conviction under this statute will make your child face the following legal penalties:

  • A fine of up to $10,000
  • Up to eight years of jail time
  • Sex offender registration requirements

However, if the child is a repeat offender or the offense involves other aggravating factors like the victim sustaining bodily injury, his/her jail time will increase.

Murder

Your child could face trial in the adult criminal justice system if he/she is charged with murder under PC 187. That is particularly true if his/her case is premeditated murder or committed during the commission of a rape or robbery or by lying in wait. A murder charge conviction could result in up to fifteen to twenty-five years behind bars.

Spousal Rape

As the name suggests, a person commits this offense when he/she engages in sexual intercourse with his/her spouse without his/her consent. That could occur when the other person (victim) is unconscious or under the influence of drugs or by using force, fear, threats, or violence to make him/her consent to the sexual act. If your child is guilty of this offense, he/she could face up to eight years of jail time and a fine not exceeding $10,000.

As you can see above, most crimes that will make your child's case transferred to adult court involve sex-related offenses. Once you learn that your child is under investigation for a sex-related offense, consulting with an attorney as soon as possible is key. Early involvement of a skilled defense attorney in the matter can help keep the case in the juvenile justice system or have the case dismissed.

An Overview of the Criminal Court Process in an Adult Court

The criminal justice system differs a bit from the juvenile delinquency system. Below is an overview of various court stages to expect when the juvenile court judge transfers your child's case to an adult court:

The Arraignment Hearing

The arraignment hearing will be your child's initial court appearance, where he/she will meet a judge in an adult court. During this hearing, the judge will do the following:

  • Give the child a chance to choose his/her plea option to the alleged charge, including “no contest,” “guilty,” or “not guilty.”
  • Read the charge the minor is facing
  • Inform the child of his/her legal rights, including the right to retain the services of a defense attorney

If your child enters a “not guilty” plea, his/her case will be scheduled for the second stage of the court process, pretrial hearing. However, since the minor is not yet guilty of the alleged offense, the court will consider whether he/she is eligible for release from jail on bail to go home. Bail is the amount a defendant pays to act as his/her security for his/her pretrial freedom following an arrest.

When determining whether your child qualifies for bail, the court will consider the following factors:

  • Whether the minor has a past criminal record
  • Whether the minor is a threat to public safety
  • The gravity and seriousness of the alleged offense
  • The chances of the minor attending the scheduled hearings
  • Factors and circumstances surrounding the alleged case

In some situations, the judge could offer the minor own recognizance (O.R.) release, meaning he/she does not have to post bail to secure his/her freedom, pending the outcome of the alleged violation.

The Pretrial Hearing

The pretrial hearing is the next court hearing, once the minor secures his/her freedom on bail. Depending on the facts of the minor's case and his/her attorney's aggressiveness, the prosecutor could agree to resolve the alleged offense at this phase. This hearing helps your minor's attorney determine whether the prosecutor has sufficient evidence against him/her before your case proceeds to trial.

Before the child trial hearing, the prosecutor and the minor's attorney will exchange their evidence through a process known as discovery. The exchange of evidence gives your child a chance to review the prosecutor's case against the minor and prepare the best legal defenses.

Furthermore, the prosecutor or your child's attorney can file motions to change the plea, cancel the complaint, or exclude specific evidence from the case. Depending on the facts of your case and the evidence the prosecution team has against your child, the minor's attorney could recommend resolving the alleged charge without a trial or agree to the negotiated plea deal.

The Trial Hearing

Your child's case will proceed to the trial stage of the criminal court process if a resolution is not achieved at the pretrial hearing. At the trial hearing, your child's attorney will help decide whether to have a judge or jury make the case’s judgment. A jury trial comprises twelve community members ready to hear the charges and evidence against your child and his/her legal defenses.

On the other hand, in a trial by a judge, also known as a bench trial, a judge will serve as both the judge and jury in your child's case. Whether your child's case goes through a bench or jury trial, the proceedings to expect during the trial hearing will not change. Once suitable jurors are selected, the trial hearing will begin with opening statements from your child's defense attorney and the prosecutor.

The opening statements from your attorney and the prosecutor inform the jury or the judge about the case and the evidence they have to support their arguments. After that, the prosecutor and your child's attorney will present evidence to prove and disprove the charges the minor is facing. The applicable evidence at trial could include:

  • Physical evidence, like pictures and surveillance videos
  • Scientific evidence like DNA
  • Electronic evidence like text messages and emails
  • Eyewitness testimonies

Once the jury or the judge reviews the presented evidence, they will give the prosecutor and your child's defense attorney a chance to make closing statements or a summary of the case. After that, the court will give its final verdict on the case.

If the prosecutor cannot prove his/her evidence against your child beyond a reasonable doubt, the court will likely issue a “not guilty” verdict or reduce his/her charges to a lighter offense. Having an aggressive and experienced attorney at trial is key to help disprove or raise the prosecutor's case against your child for the best possible outcome.

The Sentencing Hearing

Unfortunately, if the prosecutor's case evidence and argument are convincing beyond a reasonable doubt, your child's case will proceed to the sentencing phase, where his/her sentence is determined. During this sentencing proceeding, the prosecution team and your attorney will present their opinions on what they think would be a fair sentence for the child's offense.

To convince the court to award your child the minimum sentence possible, your attorney will present mitigating arguments. For example, he/she could argue that the minor:

  • Lacks a criminal record
  • Is remorseful
  • Is ready to seek rehabilitation to be a law-abiding citizen
  • Experienced various challenges and struggles in his/her life, for example, abuse or neglect

Conversely, the prosecutor will present aggravating factors to convince the court that the child deserves a harsher sentence. For instance, he/she could argue that the child:

  1. Has a previous criminal record
  2. Portrayed a high degree of cruelty during the commission of the offense
  3. Use a dangerous weapon to commit the offense

Depending on the seriousness of your child's offense and the aggravating and mitigating arguments presented by the prosecutor and the minor's attorney, the court will decide the appropriate sentence for your child's offense, which could include:

  • Fines
  • Jail time
  • Probation
  • Inclusion in the sex offender registry

Reasons Why Being Prosecuted as an Adult is Disadvantageous to Your Child

Having a child face jurors or a judge in adult criminal court has a lot of disadvantages. That is why most attorneys strive to have a minor's case remain in the juvenile justice system. Below are some of the disadvantages of facing trial in the adult criminal court:

  • The gravity and seriousness of your child's case will determine the seriousness of the sentence he/she will receive
  • The adult criminal justice system will not provide your child with rehabilitation and counseling services that he/she would receive in the juvenile delinquency system
  • After a conviction in the adult criminal court, that record could affect various aspects of his/her life
  • Serving a sentence in prison could expose the minor to a harsher environment and bad vices and traits from other inmates

Generally speaking, handling juvenile crimes is a unique and confusing area of the law. If your child is under investigation or charged with any delinquent act, working with an experienced defense attorney who understands how juvenile court judges handle these cases is paramount.

The defense attorney you will hire to represent your child in the juvenile court can strive to help him/her secure a favorable outcome. If you have a friend or colleague whose child has ever appeared in a juvenile court, you can ask him/her for recommendations of an attorney you can hire to represent your child in court.

Find a Monterey Defense Attorney Near Me

While the juvenile court focuses on rehabilitating a minor instead of punishing him/her, your child's case could proceed in certain cases in the adult criminal justice system. If your child is under investigation or charged with any delinquent act, our credible defense attorneys at Monterey Criminal Attorney can intervene and help fight for a favorable outcome.

With several years of experience representing our clients in the juvenile delinquency and adult criminal justice systems, our attorneys can prepare the best defenses to help your child secure a favorable outcome. We invite you to call us at 831-574-1791 to discuss your child's case with our reputable defense attorneys.