When a minor engages in crime, the gravity of the crime and their history of delinquency determine whether they will face charges under the juvenile justice system or the adult criminal system. If a minor commits a grave or violent felony and they are aged 16 or 17, they will likely face trial as an adult. However, a juvenile court judge will hold a transfer hearing first to determine the minor’s suitability to face trial as an adult. If there is a chance that the minor will not benefit from the juvenile justice system, their case will be determined in an adult criminal court.

Transfer hearings entail a lot of information you need to know as a parent or guardian of a child facing criminal charges. You need proper guidance and an understanding of what to expect and what is at stake from a skilled criminal attorney. An attorney is also necessary to fight for your child’s best interests during this hearing and any other hearing the court will hold regarding their case. With our extensive experience at Monterey Criminal Attorney, we can offer the support and legal representation you deserve if your child is in trouble with the law in Monterey.

An Overview of the Juvenile Court Procedures

The law applies when children engage in crime, just as it does with adult offenders. However, children’s cases are heard and determined in juvenile court, which is usually more lenient than an adult criminal court. Legal and court processes in juvenile courts differ from the processes the police, prosecutors, and defendants face in adult criminal courts. It helps to familiarize yourself with these processes to know what to do or expect when your child engages in crime. The assistance of a skilled attorney is also necessary to ensure your and your child's rights are protected throughout the legal process.

The police arrest anyone involved in a crime, whether a child or an adult. The arrest process is usually the same for all offenders. However, things can change during the booking process when the arresting officer discovers that the offender is a minor. The police can release a juvenile offender who engages in a minor offense, especially if it is their first time to offend. If the crime is grave, the police will refer the matter to the probation department. Depending on the case details, the department determines whether to release the minor, place them on informal probation, or refer the matter to the prosecutor.

When a minor engages in a severe felony like rape, murder, vandalism, robbery, or carjacking, the probation department will refer the case to a prosecutor for filming. As usual in the juvenile justice system, the prosecutor will file a petition with a juvenile court. The judge holds several hearings after receiving the petition to determine the best action against the minor. The central court processes under the juvenile justice system are as follows:

  • The detention hearing is when the court considers what to do with the minor after arrest. The court finds that the juvenile should be detained until the determination of their case or released to their parents, pending the judge’s ruling.
  • An arraignment hearing is when the prosecutor reads the petition against the minor and presents the evidence for the judge to determine whether they have a case to answer.
  • The transfer hearing determines a minor’s suitability to face charges in a juvenile court. If they are unsuitable because of the details of their crime or history of delinquency, the judge transfers the case to an adult criminal court.
  • The jurisdiction hearing occurs once the juvenile court decides to hear and determine the case against the minor. In this hearing, the judge gives the final verdict on the matter. Based on the evidence presented by the prosecution and defense, the judge sustains or dismisses the petition.
  • A disposition hearing is whereby the judge determines the right course of action against the minor after sustaining the petition against them. It is like the final ruling or sentencing in an adult criminal court.

Transfer Hearings in California

A transfer or fitness hearing determines a minor’s fitness to face trial in a juvenile court. Remember that juvenile courts handle all criminal cases involving juveniles (individuals below 18). However, some situations require judges to reconsider, especially if a minor's crime is sophisticated or grave. This requires the juvenile court judge to transfer their case to an adult criminal court for hearing and determination. When this happens, the minor faces prosecution as an adult and will likely face penalties like an adult offender if the court finds them guilty.

However, the judge must be sure that transferring the case to an adult criminal court is right under the circumstances. The hearing considers everything, including the minor’s history of delinquency, the details of the underlying crime, and whether they can benefit from the juvenile justice system. Remember that the law advocates for a different justice system for juvenile offenders to give them a second chance. Instead of punishing them for their mistakes, the juvenile justice system chooses treatment and rehabilitation. This allows them to change their attitude and behavior for a crime-free adult life.

The decision on whether to transfer a juvenile’s case to an adult criminal court is not usually easy for judges. They must consider several factors and review statements and evidence from the prosecution and defense to make the final decision. For example, the judge must consider whether the juvenile will benefit from the rehabilitation and treatments offered under the juvenile justice system. If this is unlikely, the judge will transfer their case to an adult criminal court.

The entire process starts with the prosecutor, who initiates the transfer after receiving the juvenile’s case from the probation department. The prosecutor will likely initiate the transfer if your child meets the following criteria:

  • They are older than 16 and face criminal charges for a grave or violent felony
  • The defendant is an adult but was a minor aged 14 or 15 when they committed a grave or violent felony

Transfer hearings occur after a detention hearing and right before the adjudication hearing. The judge does not review the minor’s case or evidence against them until they are confident they can face trial in a juvenile court. If, after the transfer hearing, the judge decides to transfer the case to an adult criminal court, the prosecutor will notify the minor and their parents of that decision at least five days before the actual transfer. This allows the family and the minor’s defense attorney time to appeal the judge’s decision if necessary.

Here are other factors judges consider when making the final ruling in a transfer hearing:

How Sophisticated the Crime Was

Minors are considered incapable of committing heinous crimes. However, this is not always the same. Some minors exhibit a high level of sophistication when committing grave or violent felonies like murder and rape. If this is the case and your child is facing a transfer hearing, the judge will likely consider them unfit to face trial under the juvenile justice system. This will necessitate a transfer to an adult criminal court.

The level of this sophistication mainly depends on the child’s age, mental and physical abilities, maturity, emotional well-being, and intellectual capacities when engaging in crime. The judge also considers the child’s home situation, environment, and activities they engage in. If a child does not accept the consequences or risk of their behavior, the judge can transfer their case to a criminal court.

If the Minor Can Benefit From the Juvenile Justice System

Juvenile offenders are taken through the juvenile justice system because of the several opportunities it offers to change their behavior and attitude. Instead of punishing the offenders, the juvenile system aims to give juvenile offenders a chance to better their lives for a crime-free adulthood. However, this depends on a minor’s willingness to change and become a better individual. The judge will likely transfer their case if the juvenile is unlikely to benefit from the treatment and rehabilitation programs offered under the juvenile justice system.

Additionally, the judge must consider if the minor will have received complete treatment or rehabilitation before the juvenile court loses jurisdiction in their matter. The maximum age at which a child can remain under the protection or care of the juvenile justice system is 25. If your child is least likely to benefit from treatment and rehabilitation by the time they attain this age, the judge will transfer their case.

The Juvenile’s History of Delinquency

Juvenile courts are best designed for lenient or first-time offenders. These offenders will likely benefit from the rehabilitation offered under the juvenile justice system. A minor with a grave history of delinquency will likely reoffend after receiving all the treatment and counseling the judge will recommend. If the judge considers this after reviewing your child’s case, they will transfer your child to an adult criminal court.

The Success of Previous Rehabilitation Attempts

Judges also consider how successful the juvenile justice system has been with your child in the past. If this is not your child’s first offense, the judge will consider the type of disposition they received in the past and how successful they were in rehabilitating or treating the minor. If the judge concludes that the juvenile system has not successfully transformed your child’s behavior and attitude, they will transfer their case to a criminal court.

The Circumstances of the Juvenile’s Case

The judge must consider the circumstances under which the juvenile engaged in the crime. To make the final decision. They will evaluate your home situation, the child’s mental, physical, and emotional well-being, and underlying issues. If the minor engaged in crime because of an underlying mental illness or emotional imbalance, they need treatment and rehabilitation and not punishment for their actions. If the condition of your home encourages your child to engage in crime, the court will be lenient on them. However, a child who understands the nature and consequences of their actions will likely face trial as an adult.

The Hearing Process

Remember that a transfer hearing happens before the juvenile court judge hears and determines the case against the minor. They only consider the details and circumstances of the case to decide whether to hold a transfer hearing. Suppose the crime is a grave or violent felony, and the minor meets the age requirement and other transfer criteria. In that case, the judge will likely initiate a transfer hearing by setting the hearing date and notifying the minor. Since the hearing is not usually about whether the child is guilty, the minor cannot attempt to defend themselves during the hearing. However, they can fight the transfer with the assistance of a skilled attorney.

Here are the three mechanisms prosecutors and judges use to transfer a minor’s case to an adult criminal court:

A Judicial Waiver

This is also called a discretionary waiver. Judges use the standard method to transfer juvenile cases to adult criminal courts. They have absolute discretion to make this decision based on the circumstances of the case and the juvenile’s history of delinquency. Under this mechanism, the judge waives the juvenile court’s jurisdiction over a minor’s case and requests the case be transferred to a criminal court.

The Legislative Exclusion

This is an automatic case transfer from juvenile to adult court. This occurs when a minor commits a felony offense, mainly any crimes listed under the Welfare and Institutions Act 707(7). These are grave or violent felonies that are sometimes committed by children and cannot be tried under the juvenile justice system.

The Prosecutor Discretion

Although this is a rare mechanism, prosecutors can decide to send a minor’s case to an adult criminal court. However, the prosecutor must file a motion with the juvenile court for the judge to hold a transfer hearing to determine the matter.

The transfer hearing involves several processes you must prepare for as a parent whose child is facing charges in a juvenile court. Understanding all these processes helps you prepare for what to expect so you can support them better.

The Probation Department Report

The probation department plays a significant role in the juvenile justice system. Judges rely on the department’s input to make decisions regarding juvenile offenders. When the police arrest a juvenile offender and transfer the case to the department, it appoints an officer to take charge. The officer will review the case, the juvenile’s situation, and the history of delinquency to advise the court on the best action. Sometimes, probation officers recommend informal probation or dismiss the juvenile’s case before a prosecutor files a petition in court.

In this case, a probation officer will assess the minor and their home situation and prepare a report to support or advise the court about transferring the case to an adult criminal court. The officer will interview the child to obtain critical information to help with the hearing. It helps to know your and your child’s rights to protect yourselves during this process. For example, your child has the right to have an attorney present during this interview. This way, the attorney can protect you and them against self-incrimination. An attorney will also ensure the officer's report features your child’s best interests, strengths, and dreams.

The Fitness Motion

During the hearing, the prosecutor introduces the fitness motion in juvenile court. They provide the case details and explain why the minor is unfit to face trial in juvenile court. The prosecutor also provides evidence to support their statement.

The judge calls the probation officer to present their report. The report contains the department’s findings after interviewing the minor and reviewing their situation and general well-being. The probation officer concludes by giving the court a recommendation on whether to try the minor in the juvenile court or transfer the case to an adult criminal court.

The judge will finally allow the defense team to challenge the motion. Although you or your child can defend yourself during this hearing, a skilled attorney is recommended. An attorney will know the right words and the kind of evidence and statement that could trigger a positive outcome from the hearing. They will also ensure the court understands why the minor committed the crime and why it is necessary for them to receive treatment and rehabilitation instead of punishment.

The judge will then make a final ruling on the matter. If the prosecutor’s case is strong and the probation department recommends it, the judge will transfer it to an adult criminal court. However, the judge can reconsider the matter if your child’s attorney presents a strong defense during the hearing. Your attorney can also appeal the case if you are unsatisfied with the outcome.

What Follows a Successful Transfer Hearing?

A transfer hearing aims to determine a juvenile offender’s suitability for the juvenile justice system. If, after considering all factors and evidence, the judge finds the minor unfit to face criminal proceedings in a juvenile court, they will order the prosecutor to transfer the case to a criminal court. This means the case will start from the beginning as if they have been freshly arrested. The prosecutor will file charges, and the judge will set an initial hearing to determine the fitting charges according to the case details. The judge will also discuss the bail matter since the minor will be suitable for a bail release.

A successful transfer hearing also means the minor will face a jury trial, whereby the jury hears and gives a final verdict. They will also be allowed to fight their charges or defend their actions during the trial. The minor will enjoy the benefits of a fair trial, which does not happen in a juvenile court. Remember that in juvenile courts, the judge hears and determines cases. In criminal courts, a jury hears the evidence and deliberates on the outcome. The jury has to agree on the final ruling after the prosecutor proves the case beyond a reasonable doubt. This increases the defendant’s chance of obtaining a favorable outcome.

However, if the evidence against the defendant is grave, they could lose the case. This means they will face harsh penalties designed for adult offenders, including years of imprisonment and a hefty court fine. The defendant is also left with a damaging criminal record that could affect their life for several years to come. Remember that the crimes that could cause a juvenile offender to face a transfer hearing are mainly grave and violent felonies. These are severely punished offenses under the law. Examples include the following:

  • Arson
  • Murder
  • Rape
  • Sodomy
  • Kidnaping
  • Attempted murder
  • Torture
  • Carjacking
  • Voluntary manslaughter
  • Dissuading a witness

Remember that you can appeal the juvenile court’s decision if you still want to keep your child's matter in a juvenile court. You will have 20 days from the fitness hearing to file an appeal. This is enough time for your attorney to gather strong evidence and any other mitigating factor to help demonstrate your child’s fitness to face trial in a juvenile court. The judge will hold on to the transfer until the final verdict.

If the appeal works in your favor, your child will face a lenient trial in a juvenile court. Some dispositions they can face if the judge sustains their petition include formal probation, informal probation, diversion, or detention in a juvenile facility. All these options are more favorable than incarceration in an adult prison or jail.

Find Competent Criminal Defense Services Near Me

A child can face trial in a juvenile court or an adult criminal court after engaging in a crime. This depends on the details of their crime and history of delinquency. Suppose your child is involved in a grave or violent felony or any crime listed under WIC 707(b). In that case, the prosecutor can initiate a transfer hearing to have them face trial as adults in an adult criminal court.

If your minor faces a transfer hearing today in Monterey, you need the assistance and support of a skilled attorney. An attorney will help you navigate the juvenile court processes successfully, help you with defense, and fight for your child’s best interests. We will also ensure you are fully involved in the process at Monterey Criminal Attorney. Call us at 831-574-1791 to learn more about transfer hearings and how we can help.