How do I know if my child's juvenile case will be transferred to adult court in California?

Posted over 4 years ago. Applies to California, 2 helpful votes

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1

The degree of criminal sophistication involved in the alleged act.

The court looks at whether your child was a willing participant in the offense and whether the acts taken by your child have elements of sophistication associated with it.

2

Whether the minor can be rehabilitated before juvenile court jurisdiction expires.

The juvenile court can extend jurisdiction until the age of 25. Is this enough time for your child to be rehabilitated in the juvenile system? Or will a longer incarceration in the adult system be necessary?

3

The minor's previous delinquent history.

Has your child had other brushes with the law or does he have a clean record?

4

Whether previous attempts at rehabilitation of the minor were successful.

If your child has been involved in the juvenile justice system before, what was the outcome? Did he flout the court's orders? Did he violate terms of probation? Have previous efforts of the court and probation failed to fix your child's behavior?

5

The circumstances and gravity of the offenses alleged.

This factor is often the hardest to fight against. This is because prosecutors will not ask for a fitness hearing unless your child is being accused of a serious crime. A good attorney will be able to use the weaknesses of the prosecution's case to fight hard against this factor.

Additional Resources

Law Offices of Borhani & Pejman

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